HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.6159 of 2009 Dated : 11.08.2009 Between : A.V.Ramesh ….. Petitioner a n d The State of A.P. and 2 others ….. Respondents HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.6159 of 2009 ORDER: Heard Sri Nageswar Rao Palle, learned counsel for the petitioner, and Sri A.Ramesh, learned counsel, who entered appearance on behalf of the learned Public Prosecutor, for all the three respondents. The crime and occurrence report in PCOR No.679/2006-07 was registered on 12.01.2007 on raiding the house of one Balaboina Balaiah at Ganapavaram Village of Kodad Mandal, and 1800 kgs of black jaggery in 36 gunny bags of 50 kgs each, 160 kgs of alum in 4 bags of 40 kgs each and 400 liters of F.J.Wash were claimed to have been seized. The petitioner claims that he is the proprietor of A.V.R. Enterprises running business in jaggery and other general articles under a certificate of registration with the Commercial Taxes department. He claims to have purchased 2000 kgs of black jaggery and 200 kgs of alum from Gajendra Traders, Chittoor, and he filed a copy of certificate of registration and claimed that black jaggery and alum were not prohibited commodities and, therefore, they may be released in his favour. Black jaggery and alum are not prohibited or regulated commodities under any Law and the claim of the ownership of the black jaggery and alum in question by the petitioner may require entrustment of interim custody of the properties to him while the final orders relating to disposal of property will be passed on merits either by the statutory authority under the A.P. Excise Act or the Court concerned. As black jaggery and alum are perishable commodities, they shall be saved for the benefit of the person, ultimately succeeding in the criminal petition, and hence they can be entrusted to the petitioner towards interim custody subject to appropriate conditions. The learned counsel for the petitioner Sri Palle Nageswar Rao submits that the said goods are still available in tact with the third respondent. Therefore, 1800 kgs of black jaggery in 36 gunny bags of 50 kgs each and 160 kgs of alum in 4 bags of 40 kgs each shall be entrusted to the interim custody of the petitioner on his execution of a personal bond for Rs.50,000/- with one surety for a likesum to the satisfaction of the Judicial First Class Magistrate, Kodad, and further subject to his undertaking to produce the same quantity and quality of black jaggery and alum before the Court or the competent authority whenever directed. The criminal petition is ordered accordingly. ______________________ G.BHAVANI PRASAD, J 11th August, 2009 SUR