HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3129 OF 2010 Date: 06.04.2010 Between: Ravula Siva Reddy ……Petitioner And: The State of A.P., rep. by its PP and 2 others ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3129 OF 2010 ORDER: The petitioner is stated to be Secretary of Communist Party of India at Mandal level. During recent general elections, the police seized cash of Rs.1,55,000/- and other material from a car being driven by the 2nd respondent/A-1. The 3rd respondent/A-2 is the contestant for Mangalagiri Assembly Constituency in the general elections. He is District Secretary of Communist Party of India for Guntur District. After investigation, the police filed charge sheet against A-1 and A-2 in C.C.No.208 of 2009 on the file of Additional Judicial Magistrate of the First Class, Mangalagiri alleging offence punishable under Section 171(H) IPC. The petitioner filed Criminal M.P.No.2131 of 2009 in the lower court for interim custody of the seized cash. It was dismissed by the lower court. The petitioner is questioning the said order in this petition under Section 482 Cr.P.C. Offence under Section 171(H) IPC is relating to illegal payments in connection with the election. It deals with bribing of the voters during any election. In case the offence under Section 171(H) IPC is proved by the prosecution, then cash of Rs.1,55,000/- seized by the police in this case is liable for confiscation. Therefore, the petitioner cannot be given interim custody of the said cash as on today. Further, the cash was not seized from the petitioner. On that ground also, the petitioner is not entitled for interim custody of the same. The lower court rightly exercised its discretion in favour of rejecting the petition filed by the petitioner. I do not find any merits in this petition. In the result, the petition is dismissed. However, the lower court is directed to dispose of the case as expeditiously as possible and preferably within six months in case both parties cooperate. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:06.04.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3129 OF 2010 Date: 06.04.2010 Gk.