HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.577 OF 2011 ORDER: This Criminal Revision Case is directed against the order, dated 08.03.2011, passed in C.F.R.No.1132 of 2011 in C.C.No.213 of 2002, on the file of the Judicial First Class Magistrate, Kalwakurthy, Mahaboobnagar District, whereby the learned Magistrate declined to entertain the petition filed for return of F.D.R.No.0322382 for Rs.42,400/-, which was deposited by the petitioner as security for release of the stocks seized in connection with P.C.O.R.No.513 of 2001 – 2002 of Prohibition and Excise Station, Kalwakurthy, Mahaboobnagar District, for the offence punishable under Section 34 (e) of the Andhra Pradesh Excise Act, 1968. It is seen from the record that subsequently, the said crime was taken on file as C.C.No.213 of 2002 by the learned Judicial Magistrate of First Class, Kalwakurthy, and the said Magistrate vide his judgment, dated 22.09.2006, acquitted the petitioner – accused of the offence with which he was charged. In view of the fact that the petitioner has been acquitted of the offence with which he was charged, he is entitled for return of the F.D.R. and the learned Magistrate was not justified in rejecting the petition for return of the F.D.R., which was deposited by the petitioner with the Deputy Commissioner, Prohibition & Excise, Mahaboobnagar. Hence, the Criminal Revision Case is allowed and the impugned order is set aside. The Deputy Commissioner, Prohibition & Excise, Mahaboobnagar, respondent No.1 herein, is directed to return the above mentioned Fixed Deposit Receipt to the petitioner under proper acknowledgement. ________________________________ GOPALA KRISHNA TAMADA, J April 01, 2011 MD HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.577 OF 2011 April 01, 2011 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.577 OF 2011 Between: Karupakula Kishore ..... PETITIONER AND The Deputy Commissioner of Prohibition and Excise and another ....RESPONDENTS The Court made the following: