HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.6021 of 2009 ORDER: Heard Sri A.Prabhakar Rao, learned counsel for the petitioner, and Sri A.Ramesh, learned counsel, who entered appearance on behalf of the learned Public Prosecutor for respondents 1 to 3. The crime and occurrence report in 271 of 2009-10 of Prohibition and Excise Station, Mahabubabad was registered on the strength of a panchanama, dated 17.07.2009 on seizure of black jaggery and alum from the premises of the petitioner on the alleged confession of a co- accused. Even the panchanama did not allege the petitioner to be aware of or to be a party to the manufacture of Illicitly Distilled Liquor from the jaggery and alum sold by him. The petitioner claims to be a licenced kirana merchant under a certificate of registration and to be purchasing black jaggery and alum under valid bills and he filed copies of certificate of registration and the bills and invoices. His claim that the sale, purchase or transportation of black jaggery or alum are not prohibited or regulated under law and his further claim that they are subjected to agricultural market cess and sales tax, are not factually in dispute. If so, the judicial discretion under Section 451 of the Code of Criminal Procedure in respect of entrustment of interim custody of the property seized should be exercised in favour of the petitioner, more so, when the jaggery and alum are perishable commodities and will totally deteriorate in value and utility, if left in the custody of the prosecution till the finality of the criminal proceedings. Therefore, 130 bags of black jaggery of 50 kgs. each and two bags of alum of 50 kgs. each, seized in Cr.No.271 of 2009-10 on the file of the Prohibition and Excise Station, Mahabubabad will be entrusted to the interim custody of the petitioner on his execution of a personal bond for Rs.60,000/- (Rupees sixty thousand only) with one surety for a likesum to the satisfaction of Judicial Magistrate of First Class, Mahabubabad and on the petitioner further undertaking to produce the same quantity of black jaggery and alum before the Court, whenever directed. Accordingly, the Criminal Petition is ordered. ________________________ G. BHAVANI PRASAD, J 6th August 2009 KH