THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.5056 OF 2010 ORDER: 1 This petition is directed against an order dated 03.03.2010 made in Crl.R.P.No.79 of 2010 on the file of the court of the Metropolitan Sessions Judge, Vijayawada whereby the learned Metropolitan Sessions Judge confirmed the order passed by the learned chief Metropolitan Magistrate in Crl.M.P.No.382 of 2009 in Cr.No.441 of 2008 on the file of I Town P.S. Vijayawada dated 14.05.2009, who, while ordering release of seize stock of 10882 liters of Boom Flower Altra in favour of the petitioner, directed him to furnish bank guarantee worth of Rs.50 lakhs. 2 The learned counsel for the petitioner states that the total stock that was seized is only 10,882 liters and the value of the said stock is not more than Rs.10,00,000/-. Further, according to him the said stock cannot be used further for the reason that the same got expired. 3 From the material available on record it appears that a quantity which was lifted from the petitioner is 23,400 liters and the total stock that has been recovered is only 10,882 liters. May be that fact was taken into consideration by the court below and a direction was given to the petitioner to furnish a bank guarantee worth of Rs.50 lakhs. However, with regard to the seized quantity, there is no dispute and it is only 10,882 liters of Boom Flower Altra. 4 In those circumstances, this petition is allowed and the said stock i.e. 10,882 liters of Boom Flower Altra is hereby directed to be returned to the petitioner on condition of the petitioner furnishing a bank guarantee in a sum of Rs.10,00,00/-. The said bank guarantee shall be in force during the pendency of the said crime No.441 of 2008 registered by the I Town P.S. Vijayawada. 5 This petition is accordingly allowed. -------------- 18.06.2010 Kvsn