HON’BLE SRI JUSTICE B. CHANDRA KUMAR Crl.R.C.No. 2079 of 2009 Dated: 08-12-2009 Between P. Siva Prasad .. Petitioner And State of A.P. rep. by Public Prosecutor and others .. Respondents HON’BLE SRI JUSTICE B. CHANDRA KUMAR Crl.R.C.No.2079 of 2009 ORDER: The petitioner is the authorized transport contractor of LPG Gas cylinders of Indian Oil Corporation bottling unit, Thadi village. While the petitioner was transporting the LPG Gas cylinders in the lorry, the same were stolen. On the report lodged by the petitioner, a case in crime No.84 of 2008 was registered by the S.H.O., Parawada police station. During the course of investigation, 738 cylinders were seized. The petitioner filed Crl.M.P.No.2611 of 2008 seeking interim custody of the lorry and gas cylinders. Accordingly, the interim custody was ordered on condition that the petitioner shall produce the property as and when directed. The specific case of the petitioner is that the property belongs to Indian Oil Corporation bottling unit and therefore, the cylinders have to be handed over to the said Corporation. It is also submitted that in view of the condition that the property to be produced as and when ordered by the Court, the petitioner cannot handover the cylinders to the Indian Oil Corporation. Therefore, the petitioner filed Crl.M.P.No.4060 of 2008 seeking modification of the conditions imposed in Crl.M.P.No.2611 of 2008, dated 27-08-2008, by permitting him to deliver the LPG gas cylinders to the Indian Oil Corporation. The learned Magistrate, through the impugned orders, dismissed the petition by observing that he has no power to review his own order on criminal side and that the gas cylinders are required to be marked at the time of trial. Being aggrieved by the same, the present Revision Case has been filed. The learned counsel for the petitioners submitted that when huge quantity of the property is seized and kept idle, it may be damaged and the owner of the property may be put to irreparable loss. In a criminal case, property seized has to be marked at the time of trial. The witnesses may have to identity the same and normally final orders with regard to disposal of property have to be passed only after the disposal of the criminal case. But when huge quantity of property is seized, if the property is kept as it is till the disposal of the case, damage may be caused to it. Moreover, it may not be practicable and useful to keep the huge quantity of property, particularly perishable, such as gas in cylinders etc. idle for years together, because no one can definitely say within what time the criminal case can be disposed of. A pragmatic approach is required. The seizure panchanama can be marked at the time of trial and one or two panchas may be examined. The order copy by which interim custody has been given can also be marked. It appears that if a part of the property is kept as it is and marked at the time of trial, the same may serve the purpose of proving the seizure. However, it is desirable to give notice to the accused while passing such orders and take his consent with regard to the identity of the property. It is always better to take photographs of the seized huge quantity of property and file them along with the recovery panchanama or seizure panchanama in the file and the same can be marked. Copies of such photos should be furnished to the accused. This exercise could be done by the Investigating Officer at the time of filing charge sheet. In view of the above circumstances, the impugned order is liable to be set aside. In the result, the Criminal Revision Case is allowed and the impugned order is set aside. It is directed that five gas cylinders may be kept as case property for the purpose of marking at the time of trial. As far as the remaining gas cylinders are concerned, the petitioner can be permitted to handover the same to the Indian Oil Corporation. Since the petitioner has already executed a personal bond for Rs.10,00,000/- with one surety of the like sum, the same appears to be sufficient. The required number of photos of all the gas cylinders should be taken and one such set should be given to the Accused. The petitioner to bear the costs of taking photos of gas cylinders of required number. ___________________ B. CHANDRA KUMAR, J Date: 08-12-2009 YCR