THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.7038 of 2009 DATED:10.09.2009 Between: Kandukuri Venkanna .. Petitioner And The State of Andhra Pradesh, rep., by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad .. Respondent THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.7038 of 2009 ORDER: Heard Sri S.Satyanarayana, learned counsel for the petitioner, and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor for the sole respondent. The First Information Report in Cr.No.93 of 2009 of Mothkur Police Station, Nalgonda District was registered in pursuance of a confession-cum-seizure panchanama, dated 31.07.2009 wherein the petitioner herein was stated to have confessed that he purchased the black jaggery and alum in question from one Mahesh, a kirana merchant and was selling the same in his village. The stocks shown by him were stated to have been seized before the mediators. Now the petitioner produced a copy of the receipt under which he purchased the black jaggery and alum in question and he obviously retracted from the confession said to have been made or any connection with the sale of those items and preparation of any Illicitly Distilled Liquor. The petitioner claims that he is doing business under registration with the Commercial Taxes Department and black jaggery and alum are not prohibited and regulated articles under any law. He also claims that the said articles are subjected to agricultural market cess and sales tax. He therefore desired that the interim custody of nine bags of black jaggery and two bags of alum seized in the crime may be handed over to him. The ownership of the articles with the petitioner is evident from the very criminal proceedings and irrespective of the truth or otherwise of his alleged confession or the present claims of innocence, the perishable articles have to be preserved for the benefit of the person ultimately succeeding in the criminal case. Expeditious and judicious exercise of powers under Section 451 of Code of Criminal Procedure in such cases is the mandate of the Apex Court in Sunderbhai Ambalal Desai V. State of Gurajat[1] and as black jaggery and alum are not prohibited and regulated articles, they can be returned to the petitioner, subject to appropriate conditions. Therefore, nine bags of black jaggery weighing about 450 kgs., in total and two bags of alum weighing about 80 kgs., in total seized in Cr.No.93 of 2009 on the file of Mothkur Police Station, Nalgonda District shall be entrusted to the interim custody of the petitioner on his execution of a personal bond for Rs.15,000/- (Rupees fifteen thousand only) with one surety for a likesum to the satisfaction of the Judicial Magistrate of First Class, Ramannapet, Nalgonda 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. The Criminal Petition is allowed accordingly. ___________________ G. BHAVANI PRASAD, J 10th September 2009 KH [1] (2002)10 SCC 283