HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5320 of 2009 O R D E R: The petitioners 1 and 2/A.1 and A.2 are accused of offence punishable under Section 65 of the Andhra Pradesh City Police Act r/w Sections 54-A of the Andhra Pradesh District Police Act. On 01.02.2007 when the police were checking APSRTC bus bearing No.AP-11-Z827 the accused were found in possession of 18 types of gold ornaments whose total weight was 2 kgs 498.150 grams worth about Rs.21,74,637/-. The police seized the same valuable items and arrested A.1 and A.2. Subsequently, Sri Sai Jewellers, Narasannapet and Balaji Jewellers, Narasannapet filed Crl.M.P.Nos.1382 and 1383 of 2007 and obtained interim custody of the gold items on certain conditions. Now, the petitioners approached this Court with this petition under Section 482 Cr.P.C. for quashing charge sheet in the lower Court filed by the police under the above section of law. The petitioners’ counsel as well as the Additional Public Prosecutor report that there is no enactment like Andhra Pradesh City Police Act. The enactments which are applicable to this State are the Hyderabad City Police Act, 1348-F, Andhra Pradesh (Andhra Area) District Police Act, 1859 and Andhra Pradesh (Telangana Area) District Police Act, 1329-F and also The Cyberabad (Metropolitan Area) Police Act, 2004. The alleged detection in this case was in Srikakulam in Andhra area of the State. Therefore, penal provision of law quoted in the charge sheet against the petitioners is an imaginary provision which does not exist in any statute book. On this ground alone, the petitioners are entitled for relief in this criminal petition. At any rate, since interim custody of the gold ornaments was given to two shop keepers at Narasannapet under Section 457 Cr.P.C., it is for them to claim final custody of those jewellery from the lower Court after facing enquiry under Section 452 Cr.P.C. Subject to the above observations, the Criminal Petition is allowed quashing proceedings against the petitioners 1 and 2/A.1 and A.2 in S.T.C.No.24 of 2008 on the file of Additional Judicial Magistrate of the First Class, Srikakulam. ___________________________ SAMUDRALA GOVINDARAJULU,J Dt.26th December, 2011 PNV