THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.5029 OF 2021
ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C., to quash the order dated 22.06.2021 in Crl.M.P.No.466 of 2021 in Crime No.282 of 2021 passed by the Judicial Magistrate of First Class, Mahabubnagar.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the record.
3. The petitioner herein is sole accused in Crime No.282 of 2021 and he is the owner of seized stock in the said crime. He filed an application vide Crl.M.P.No.466 of 2021 before the Court below seeking interim custody of the seized property i.e., (i) 150 packets of cotton Sadanand, (ii) 32 packets of cotton 659 BG-II, (iii) 30 packets of cotton 4756, (iv) 30 packets of cotton platinum, (v) 180 packets of cotton KDCH- 018, 30 packets of cotton junge 7017, (vii) 60 liters of Profix Super, (viii) 20 liters of Mida (1 liter X 20), (ix) 10 liters of Mida ( ½ liter X 20), (x) 5 kgs Megasuper, (xi) 5 kgs Mega King, (xii) 5 kgs Megal claim (50 X 100 gms), (xiii) 5 kgs Megal claim (20 X 250 gms), (xiv) 20 liters of Atonik (1 liter X 10),
(xv) 10 liters of Atonik (20 X 500 ml), (xvi) 4 kgs of Ammon, (xvii) 10 kgs of Acemaid and (xviii) 10 liters of Erase, total worth of Rs.6,64,794/-. The Court below, vide order dated 22.06.2021, dismissed the said application on the ground 2 that the seeds are kept in an unauthorized premises, and whether the seeds are kept in an unauthorized premises or not is a triable issue, and in the instant case, the seeds constitutes physical evidence and the seeds constitute crucial evidence and therefore, the seeds cannot be returned to the petitioner at that juncture.
4. In view of the said finding by the Court below, this Court directed learned Public Prosecutor to get specific instructions with regard to stage of investigation in Crime No.282 of 2021 and also with regard to the said finding of the Court below. Today, on instructions, learned Public Prosecutor would submit that there is no allegation that the seeds seized were spurious and the allegation is that the petitioner has kept the seeds in unauthorized premises. He would further submit that Investigating Officer has already recorded the statements of six witnesses and the investigation is almost completed.
5. The Hon'ble Apex Court in SUNDERBHAI AMBALAL DESAI V/s. STATE OF GUJARAT1 has laid down certain guidelines for release of seized property for giving interim custody.
6. Considering the said facts, this Criminal Petition is allowed and the order dated 22.06.2021 in Crl.M.P.No.466 of 2021 in Crime No.282 of 2021 passed by the Judicial 1 . (2002) 10 SCC 283 3 Magistrate of First Class, Mahabubnagar, is quashed. Liberty is granted to the petitioner to file fresh application under Section 451 Cr.P.C. and the Court below shall consider the same and pass appropriate orders by specifically considering the guidelines issued by the Hon'ble Apex Court in SUNDERBHAI AMBALAL DESAI (supra) and the other judgments passed by this Court as well as the Hon'ble Apex Court from time to time and also considering that Investigating Officer has already completed investigation in Crime No.282 of 2021 and there is no allegation that the said seeds are spurious in nature and release the seized stock to the petitioner on imposition of certain conditions to its satisfaction.
__________________ K. LAKSHMAN, J Date: 16.07.2021 TJMR