Siva Shankar Sahu vs The State Of Andhra Pradesh
2021 Latest Caselaw 118 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                CRIMINAL PETITION No.5408 OF 2020

ORDER:-

       This Criminal Petition is filed under Section 482 of Criminal

Procedure Code, 1973 to release the tobacco products seized, in

view of the crime has been quashed by this Court in Crl.P.No.5030

of 2020, dated 10.11.2020 against the petitioner/Accused.


2.      Heard the learned counsel for petitioner/Accused and the

learned Public Prosecutor appearing for the respondent.

3. During the course of hearing, the learned counsel for the

petitioner/Accused represents that this Court by its order dated

10.11.2020 in Crl.P.No.5030 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 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

10.11.2020 in Crl.P.No.5030 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, GRP Visakhapatnam Police Station,

Visakhapatnam District is directed to release the tobacco products

seized in F.I.R. No.338 of 2019 dated 14.10.2019.

Consequently, miscellaneous petitions pending, if any, shall

stand closed.

_________________________________________ JUSTICE M.SATYANARAYANA MURTHY

Date: 07.01.2021

TM