HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.6206 of 2009 DATED:12.08.2009 Between: O.Buchaiah @ Buchi Rajam, .. Petitioner And The State of A.P., rep., by its Public Prosecutor, High Court of A.P., Hyderabad and others .. Respondents HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.6206 of 2009 ORDER: Heard Sri G.Ravi, learned counsel representing Sri A.Prabhakar Rao, learned counsel for the petitioner and Sri A.Ramesh, learned counsel representing the learned Additional Public Prosecutor for the respondents 1 to 3. The petitioner is the accused No.3 in Cr.No.96/09-10 of Prohibition and Excise Station, Mahabubabad as per the crime and occurrence report registered on 23.04.2009. According to the prosecution, 450 kgs., of black jaggery in nine gunny bags of 50 kgs. each and 25 kgs. of alum in a gunny bag were seized from the premises of the petitioner on the confessional statement of the second accused in the case. The petitioner claims that he is doing kirana business including in jaggery and alum under a certificate of registration from the Commercial Taxes Department. He further claims that he is purchasing black jaggery and alum under bills and transporting them to the place of his business and selling them in retail to the customers under bills. His claims are corroborated by the copies of the registration certificate and bills filed along with this petition. The claim of the petitioner that the sale, purchase and transportation of black jaggery and alum are not prohibited and regulated under law is not denied; so is his further claim that black jaggery is being subjected to agricultural market cess and also sales tax. Irrespective of the truth or otherwise of the suspicions of the prosecution against the third accused about his involvement in the preparation of illicitly distilled liquor through sale of black jaggery and alum to persons indulging in such illicit distillation of liquor, the perishable commodities have to be preserved for the ultimate benefit of the person succeeding in the criminal case. The property seized from the possession of the third accused has to be hence, retuned by way of an interim measure subject to appropriate conditions. Therefore, 450 kgs. of black jaggery in nine gunny bags of 50 kgs. each and 25 kgs. of alum in a gunny bag seized in Cr.No.96 of 2009-10 of Prohibition and Excise Station, Mahabubabad, Warangal District shall be entrusted to the interim custody of the petitioner on his execution of a personal bond for Rs.25,000/- with one surety for a likesum to the satisfaction of the Judicial Magistrate of First Class, Mahabubabad, Warangal District and further subject to the petitioner undertaking to produce the same quality and quantity of black jaggery and alum whenever directed by the Court. Accordingly, the Criminal Petition is ordered. _____________________ G. BHAVANI PRASAD, J 12th August 2009 KH