Perumalla Naga Veera Venkata Siva ... vs The State Of Andhra Pradesh
2022 Latest Caselaw 2115 AP

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            THE HON'BLE SRI JUSTICE D.RAMESH

               CRIMINAL PETITION No.3208 of 2022

ORDER:

This is a Criminal Petition filed under section 482 of the Code

of Criminal Procedure, 1973, to release the tobacco products, cash of

Rs.71,340/- seized from the petitioner under the cover of mediators

report dated 09.03.2022 based on which FIR.No.74 of 2022 on the

Chebrole Police Station, West Godavari District was registered.

Heard the learned counsel for the petitioner and the learned

Public Prosecutor appearing for the respondent.

During the course of hearing, the learned counsel for the

petitioner represented that this Court by its order dated 23.07.2020

in Crl.P.No.2659 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 the 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."

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

23.07.2020 in Crl.P.No.2659 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.

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

Station House Officer, West Godavari District, Chebrole Police

Station, West Godavari District is directed to release the tobacco

products, cash of Rs.71,340/- seized from the petitioner in

connection with FIR.No.74 of 2022.

As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed.

JUSTICE D.RAMESH

Date: 28.04.2022 tm

THE HON'BLE SRI JUSTICE D.RAMESH

CRIMINAL PETITION No.3208 of 2022

Dated: 28.04.2022

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