Telangana High Court
M. Venkat Reddy vs The State Of Telangana And Another on 16 July, 2021
Bench: K.Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.5029 OF 2021
ORDER:
This Criminal Petition is filed under Section 482 of
Cr.P.C., to quash the order dated 22.06.2021 in
Crl.M.P.No.466 of 2021 in Crime No.282 of 2021 passed by
the Judicial Magistrate of First Class, Mahabubnagar.
2. Heard learned counsel for the petitioner and learned
Public Prosecutor. Perused the record.
3. The petitioner herein is sole accused in Crime No.282 of
2021 and he is the owner of seized stock in the said crime. He
filed an application vide Crl.M.P.No.466 of 2021 before the
Court below seeking interim custody of the seized property
i.e., (i) 150 packets of cotton Sadanand, (ii) 32 packets of
cotton 659 BG-II, (iii) 30 packets of cotton 4756, (iv) 30
packets of cotton platinum, (v) 180 packets of cotton KDCH-
018, 30 packets of cotton junge 7017, (vii) 60 liters of Profix
Super, (viii) 20 liters of Mida (1 liter X 20), (ix) 10 liters of
Mida ( ½ liter X 20), (x) 5 kgs Megasuper, (xi) 5 kgs Mega
King, (xii) 5 kgs Megal claim (50 X 100 gms), (xiii) 5 kgs Megal
claim (20 X 250 gms), (xiv) 20 liters of Atonik (1 liter X 10),
(xv) 10 liters of Atonik (20 X 500 ml), (xvi) 4 kgs of Ammon,
(xvii) 10 kgs of Acemaid and (xviii) 10 liters of Erase, total
worth of Rs.6,64,794/-. The Court below, vide order dated
22.06.2021, dismissed the said application on the ground
that the seeds are kept in an unauthorized premises, and
whether the seeds are kept in an unauthorized premises or
not is a triable issue, and in the instant case, the seeds
constitutes physical evidence and the seeds constitute crucial
evidence and therefore, the seeds cannot be returned to the
petitioner at that juncture.
4. In view of the said finding by the Court below, this
Court directed learned Public Prosecutor to get specific
instructions with regard to stage of investigation in Crime
No.282 of 2021 and also with regard to the said finding of the
Court below. Today, on instructions, learned Public
Prosecutor would submit that there is no allegation that the
seeds seized were spurious and the allegation is that the
petitioner has kept the seeds in unauthorized premises. He
would further submit that Investigating Officer has already
recorded the statements of six witnesses and the investigation
is almost completed.
5. The Hon'ble Apex Court in SUNDERBHAI AMBALAL
DESAI V/s. STATE OF GUJARAT1 has laid down certain
guidelines for release of seized property for giving interim
custody.
6. Considering the said facts, this Criminal Petition is
allowed and the order dated 22.06.2021 in Crl.M.P.No.466 of
2021 in Crime No.282 of 2021 passed by the Judicial
. (2002) 10 SCC 283
Magistrate of First Class, Mahabubnagar, is quashed. Liberty
is granted to the petitioner to file fresh application under
Section 451 Cr.P.C. and the Court below shall consider the
same and pass appropriate orders by specifically considering
the guidelines issued by the Hon'ble Apex Court in
SUNDERBHAI AMBALAL DESAI (supra) and the other
judgments passed by this Court as well as the Hon'ble Apex
Court from time to time and also considering that
Investigating Officer has already completed investigation in
Crime No.282 of 2021 and there is no allegation that the said
seeds are spurious in nature and release the seized stock to
the petitioner on imposition of certain conditions to its
satisfaction.
__________________
K. LAKSHMAN, J
Date: 16.07.2021
TJMR
