IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND ELEVEN Present HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.5821 of 2010 Between: Panthangi Narsimha .. Petitioner AND State of A.P. .. Respondent The Court made the following: HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.5821 of 2010 ORDER: This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, to set aside the order, dated 11.09.2009, in Crl.M.P.No.1910 of 2009, on the file of the Judicial Magistrate of First Class, Nalgonda, arising out of Crime No.72 of 2009, on the file of the II Town Police Station, Nalgonda, and as confirmed in Crl.R.P.No.6 of 2010, on the file of the I Additional Metropolitan Sessions Judge, Nalgonda. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor representing the respondent/State. 3. An amount of Rs.2,18,500/- was seized on 08.04.2009 suspecting that the amount was meant for distributing to the voters in the elections. 4. The learned counsel for the petitioner submits that the petitioner has given spot explanation and also the affidavit of the person who paid the amount. 5. Any how, the petitioner sought to return that amount, but the trial Court dismissed the same holding that the seized amount was heavy. The learned I Additional Sessions Judge, Nalgonda, also dismissed the revision holding that the property sought to be given for interim custody is not such which can be brought to the Court. 6. The observations of the learned I Additional Sessions Judge, Nalgonda, may be correct. However, the fact remains that the police have not noted the currency note numbers at the time of seizure and the said fact has been admitted by the learned Additional Public Prosecutor while arguing the case. When the currency note numbers have not been noted in the Panchanama, the question of identity of currency notes before the public Court does not arise. In the circumstances, I am of the view that the amount can be returned to him on depositing title deeds of any immovable property worth more than Rs.3,00,000/- and on further condition of filing an affidavit by the petitioner before the lower Court that he will not dispute the seizure of Rs.2,18,500/- which may be treated as a part of record by the trial Court. 7. In the result, the Criminal Petition is allowed directing the learned Judicial Magistrate of First Class, Nalgonda, to return the cash of Rs.2,18,500/-, on condition of the petitioner depositing the title deeds worth Rs.3,00,000/- with one surety for the like sum to the satisfaction of the said learned Magistrate and on filing an affidavit as referred supra. ____________________ B. CHANDRA KUMAR, J Date: 10th November, 2011 KL HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.5821 of 2010 Date: 10th November, 2011 KL