Certain Tobacco Products Were ... vs Unknown
2021 Latest Caselaw 4697 AP

     THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

          CRIMINAL REVISION CASE NO.731 of 2021

ORDER:-

     Certain tobacco products were seized from the petitioners

under Crime No.721 of 2021 of Eluru II Town Police Station, West

Godavari District.    An application was filed for release of these

products before the Special Judicial Magistrate of First Class

(Excise)-cum-IV      Additional   Junior    Civil   Judge,   Eluru     in

Crl.M.P.No.668 of 2021 and the said application was dismissed on

08.11.2021

on the ground that the trial Court does not have

jurisdiction to release goods seized under A.P. Excise Act. This

finding was given on the ground that both excisable items as well

as tobacco products have been seized by the investigating officer

in the above crime and as such, the provisions of the Excise Act

would be applied.

2. Similar orders had been challenged before this Court, a

learned single Judge of this Court had passed orders, dated

16.08.2021 in Crl.R.C.No.490 of 2021 holding that orders, dated

20.10.221 in Crl.R.C.No.642 of 221. The learned single Judge had

taken the view that the provisions of the A.P. Excise Act cannot be

made applicable to tobacco products, which do not fall under the

ambit of the said Act and accordingly, directed the release of the

said tobacco products to the petitioners.

3. Following the said judgment, this Criminal Revision Case is

also allowed with a direction to deliver the tobacco products seized

from the petitioners.

Consequently, miscellaneous applications pending, if any,

shall stand closed.

________________________ JUSTICE R.RAGHUNANDAN RAO Date: 17.11.2021

SPP

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

(Allowed)

CRIMINAL REVISION CASE NO.731 of 2021

Date: 17.11.2021

SPP