THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2753 of 2011 ORDER: This criminal petition is filed challenging the order dated 23.12.2009 in Crl.M.P.No.2236 of 2009 in Crime No.117 of 2009 of Narpala Police Station passed by the Judicial Magistrate of First Class, Ananthapur, and as confirmed by the order dated 30.09.2010 passed in Crl.R.P.No.23 of 2010 on the file of the V Additional Sessions Judge (FTC), Ananthapur. Under the order dated 23.12.2009 in Crl.M.P.No.2236 of 2009 in Crime No.117 of 2009 of Narpala Police Station passed by the Judicial Magistrate of First Class, Ananthapur, the petition filed by the petitioner herein under Section 451 of Cr.P.C., to return the seized property to him for interim custody, was dismissed. Aggrieved thereby, the petitioner filed Crl.R.P.No.23 of 2010 before the V Additional Sessions Judge (FTC), Anantapur, and the same was dismissed by order dated 30.09.2010. Learned counsel for the petitioner submitted that the petitioner is the owner of the explosives seized by the police. He also submitted that the petitioner, being the President of M/s. Sri Sreenivasa Vadde Quarry & Labour Work Contract Association, is having licence to purchase and possess the explosives. He further submitted that after purchasing the explosives legally in the name of Association, while the same were being transported from Anantapur to Nalgonda District, the police seized the same. Today, when the matter is taken up for hearing, a copy of the licence held by the petitioner is produced before this Court. Perused the material available on record and the copy of the licence placed before this Court. Since the petitioner is the owner of the seized property and having licence to purchase and possess the explosives, this Court is of the view that the seized material can be returned to the petitioner. Accordingly, the orders dated 23.12.2009 in Crl.M.P.No.2236 of 2009 in Crime No.117 of 2009 of Narpala Police Station passed by the Judicial Magistrate of First Class, Ananthapur, and as confirmed by the order dated 30.09.2010 passed in Crl.R.P.No.23 of 2010 on the file of the V Additional Sessions Judge (FTC), Ananthapur, are set aside, and the trial Court is directed to return the seized property to the petitioner for interim custody on his executing a bond for a sum of Rs.1,00,000/- with one surety. With the above observation, this criminal petition is disposed of. ____________________ JUSTICE RAJA ELANGO 06.04.2011 v v