HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.6233 of 2009 DATED:12.08.2009 Between: V.Vidya Sagar .. Petitioner And The State of A.P., represented by its Public Prosecutor, High Court of A.P., Hyderabad and others .. Respondents HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.6233 of 2009 ORDER: Heard Sri G. Ravi, learned counsel representing 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. Crime No.148 of 2009-10 of Prohibition and Excise Station, Mahabubabad was registered on 15.05.2009 on a raid of the petitioner’s shop ‘Durga Traders’ and seizure of 5,076 kgs., of alum in 108 gunny bags of 47 kgs., each and five kgs., of black jaggery kept in small sachets. He was alleged to have committed the offence under Section 34 (e) of the Andhra Pradesh Excise Act, 1968. The petitioner claims that he is doing business in kirana articles including jaggery and alum under a certificate of registration from the Commercial Taxes Department, a copy of which he filed. He also claimed to be purchasing black jaggery and alum under bills and transporting the same to the place of his business and selling the same to the customers under bills, in proof of which, he filed copies of bills. His claim that sale, purchase and transportation of black jaggery and alum are not prohibited and regulated under any law, is not disputed and he also claims that black jaggery was subjected to agricultural market cess and sales tax. Irrespective of the probability or otherwise of the petitioner being involved in an excise offence, the articles seized being perishable, have to be preserved for the benefit of the party ultimately succeeding in the criminal proceedings and accordingly the interim custody of the property should be entrusted to the petitioner subject to appropriate conditions. Therefore, 5,076 kgs., of alum in 108 gunny bags of 47 kgs., each and five kgs., of black jaggery kept in nine small sachets seized in Cr.No.148 of 2009-10 of Prohibition and Excise Station, Mahabubabad, Warangal District shall be entrusted to the interim custody of the petitioner on his execution of a personal bond for Rs.1,00,000/- (Rupees one lakh only) with one surety for a likesum to the satisfaction of the Judicial Magistrate of First Class, Mahabubabad, Warangal District and on his further undertaking to produce the same quantity and quality of alum and jaggery whenever directed by the Court. The Criminal Petition is ordered accordingly. _____________________ G. BHAVANI PRASAD, J 12th August 2009 KH