Andhra Pradesh High Court - Amravati
Perumalla Radha Krishna Murthy, vs The State Of Andhra Pradesh on 26 August, 2020
Author: D.Ramesh
Bench: D.Ramesh
THE HON'BLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION No.3274 of 2020
ORDER:
This is a Criminal Petition filed under section 482 of the Code of Criminal Procedure, 1973, to release the lorry bearing No.TS-12- UC-6682 and cigarettes seized from the said vehicle in F.I.R.No.149 of 2020, on the file of Bhimavaram I Town Police Station, West Godavari District. The offences alleged are under sections 188, 269, 270, 420 r/w 34 of IPC and 3 of Epidemic Diseases Act, 1897 and 20(2) of Cigarettes and Other Tobacco Products Act, 2003 (for short COTPA, 2003).
2. Heard the learned counsel for the petitioners and the learned Public Prosecutor appearing for the respondent.
3. During the course of hearing, the learned counsel for the petitioners represented that this Court by its order dated 23.07.2020 in Crl.P.No.2659 of 2020 quashed the F.I.R. and he further placed reliance on the judgment passed by this Court in Criminal Revision Case No.1135 of 2019, dated 05.11.2019, wherein the it is held that, ".. in similar set of facts, this Court in Criminal Petition No.11144 of 2018 held as under:
.... Property was seized from the possession of the petitioner while he was transporting the same and when such transportation of such property is not found to be an offence, property has to be returned for carrying on the transportation. If any crime, as apprehended by the Public prosecutor, takes place, it is for the concerned to take action, as permitted by law."
4. In view of the above judgment and considering that the criminal case registered in connection with the transportation of tobacco products has been quashed by order of this Court dated 23.07.2020 in Crl.P.No.2659 of 2020, the possession of the property that was seized from the accused in connection with the said crime is to be delivered to the accused.
5. In view of the above, this Criminal Petition is allowed and the Station House Officer, Bhimavaram I Town Police Station, West Godavari District is directed to release the vehicle i.e. lorry bearing No.TS-12-UC-6682 as well as the stock of cigarettes seized from the said vehicle in F.I.R.149 of 2020, dated 16.04.2020.
As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed.
_____________________ JUSTICE D.RAMESH Date: 26.08.2020 Pnr THE HON'BLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No.3274 of 2020 Dated: 26.08.2020 Pnr