HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10322 of 2011 ORDER: This Criminal Petition is filed by the petitioner-accused No.2, under Section 482 Cr.P.C., seeking to quash Crime No.125 of 2011 on the file of the S.H.O., Khammam III Town P.S., Khammam District, registered for the offences punishable under Sections 286 of IPC and 9 (B) (i) (b) of the Explosives Substances Act, 1884. According to the prosecution, when the petitioner was transporting Diwali Crackers in a Mini Lorry bearing No.AP 04 V 8908 from New Balaji Fire Works, Mangalagiri of Guntur District to Khammam on 18.10.2011, the police apprehended the lorry driver, Accused No.1, and seized Diwali Crackers belongs to the petitioner and the petitioner was transporting the crackers without any valid documents and, as such, he is liable for punishment under Sections 286 of IPC and 9 (B) (i) (b) of the Explosives Substances Act, 1884. Learned counsel for the petitioner has submitted that the petitioner has purchased the property in question at New Balaji Fire Works, Mangalagiri vide Cash Bill No.102 dated 17.10.2011 and Weigh Bill No.MO 1 74409 dated 17.10.2011 to a tune of Rs.46,464/- including VAT of 14.5%. The petitioner is a petty vendor having valid licence from the R.D.O., Khammam, vide proceedings in RC.No.C3/3764/2011-83 for selling Diwali Crackers at Khammam. Therefore, the allegations are false and the petitioner has not committed any offence as alleged by the prosecution. He further submitted that if the property is allowed to keep with the police, there is every possibility of the petitioner sustaining heavy loss, as Diwali Festival is on 26.10.2011. Perused the record. Having considered the submission of the learned counsel and in the facts and circumstances of the case, the Station House Officer, Khammam III Town P.S., Khammam District, is hereby directed to release the property in question, in connection with Crime No.125 of 2011, in favour of the petitioner on condition of his furnishing a personal bond for Rs.10,000/- (Rupees Ten thousand only) to his satisfaction. Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions, if any, filed shall stand closed. _____________ RAJA ELANGO, J 21st October, 2011 Note: Issue C.C. tomorrow. (b/o) cbs HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No.10322 of 2011 (Disposed of) 21st October, 2011 Note: Issue C.C. tomorrow. (b/o) cbs