B Prasad vs State Of Ap
2021 Latest Caselaw 88 AP

Citation : 2021 Latest Caselaw 88 AP
Judgement Date : 7 January, 2021

Andhra Pradesh High Court - Amravati

B Prasad vs State Of Ap on 7 January, 2021

Bench: M.Satyanarayana Murthy

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                CRIMINAL PETITION No.109 OF 2021

ORDER:-

       This Criminal Petition is filed under Section 482 read with

Section 457 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.5509 of 2020, dated 30.11.2020 against the

petitioners/Accused Nos.1 to 3.


2.      Heard the learned counsel for petitioners/Accused Nos.1 to

3 and the learned Public Prosecutor appearing for the respondents.

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

petitioners/Accused Nos.1 to 3 represented that this Court by its

order dated 30.11.2020 in Crl.P.No.5509 of 2020 quashed the F.I.R

and he further placed reliance on the judgment passed by this

Court in Criminal Revision Petition 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

30.11.2020 in Crl.P.No.5509 of 2020, the property that was seized

from the accused Nos.1 to 3 in connection with the said crime is to

be returned to the accused Nos.1 to 3, as retention of property

after quashing crime amount to illegal possession by police.

5. In view of the above, this Criminal Petition is allowed and the

Station House Officer, Mydukur Police Station, YSR Kadapa

District is directed to release the tobacco products seized in F.I.R.

No.331 of 2020 dated 16.11.2020.

Consequently, miscellaneous petitions pending, if any, shall