Masanam Venugopalakrishna vs The State Of Andhra Pradesh
2021 Latest Caselaw 91 AP

Citation : 2021 Latest Caselaw 91 AP
Judgement Date : 7 January, 2021

Andhra Pradesh High Court - Amravati

Masanam Venugopalakrishna vs The State Of Andhra Pradesh on 7 January, 2021

Bench: M.Satyanarayana Murthy

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                CRIMINAL PETITION No.64 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.5930 of 2020, dated 22.12.2020 against the

petitioner/Accused.


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

learned Public Prosecutor appearing for the respondents.

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

petitioner/Accused represented that this Court by its order dated

22.12.2020 in Crl.P.No.5930 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

22.12.2020 in Crl.P.No.5930 of 2020, the property that was seized

from the accused in connection with the said crime is to be

returned to the accused, 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, Penumaluru Police Station, Krishna District

is directed to release the tobacco products seized in F.I.R. No.900

of 2020 dated 06.12.2020.

Consequently, miscellaneous petitions pending, if any, shall