IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION NO : 6115 of 2009 Between: V. Vidya Sagar, S/o. Venkataiah, M/s. Durga Traders, Jaggery and General Merchants, H.No. 2- 18/4, RTC Bus Stand Road, Mahabubabad, Warangal District. ..... PETITIONER AND 1. The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., Hyderabad. 2 The Station House Officer, Mahaboobabad Town Police Station, Warangal District. 3. The Deputy Commissioner, Prohibition & Excise, Warangal Division, Warangal District. .....RESPONDENT(S) Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased to order for release of 2 bags of black jaggery each 50 Kgs and 40 bags of alum each 25 Kgs seized in Cr. No.65 of 2009 on the file of the Mahabubabad Town Police Station, Warangal District in favour of the petitioner. The Petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr.PRABHAKAR RAO, Advocate for the Petitioner and of the Public Prosecutor, on behalf of the Respondent. The Court made the following: HONOURABLE SRI JUSTICE G. BHAVANI PRASAD CRIMINAL PETITION No.6115 OF 2009 ORDER: Heard Sri A. Prabhakar Rao, learned counsel for the petitioner and Sri K. Dhananjay, learned Additional Public Prosecutor who entered appearance for the three respondents. The first information report in Crime No.65 of 2009 of Mahabubabad police station of Warangal District, was registered on the report of Circle Inspector of Police, who inspected the shop of the petitioner on the alleged confession of the first accused in the Crime and seizure of two bags of black jaggery of 50 KGs each and 40 bags of alum of 25 KGs each, on the alleged confession by the petitioner also that he was selling the black jaggery and alum to others for illicit distillation of liquor. The petitioner claims that he is doing kirana business under Certificate of Registration from Commercial Taxes Department and he is purchasing black jaggery and alum under bills and transporting the same to his place of business and selling the same to his customers under bills. The copies of the Certificate of Registration and bills were filed and the petitioner claims that black jaggery and alum are not prohibited or regulated under Law and in fact made subject to agricultural market cess and sales tax. The claims of the petitioner that, dealing with black jaggery and alum is neither illegal nor improper are not in dispute. Then what remained are only the retracted confessions allegedly made by the accused. As black jaggery and alum are perishable commodities, they shall be preserved for the benefit of the parties successful in the Criminal proceedings ultimately and as they were seized from the possession of the petitioner, they shall be entrusted to his interim custody subject to proper conditions. Therefore, two bags of black jaggery of 50 KGs each and 40 bags of alum of 25 KGs each seized in Crime No.65 of 2009 on the file of Mahababubad Town police station, Warangal district, shall be entrusted to the interim custody of the petitioner on his execution of a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for a like sum to the satisfaction of Judicial Magistrate of First Class, Mahababubad, and further subject to the petitioner undertaking to produce the same quantity of black jaggery and alum before the Court whenever directed by the Court. The Criminal petition is ordered accordingly. ______________________ G.BHAVANI PRASAD, J Date: 10-08-2009. Dsh.