THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE Nos.1368 OF 2011 & 1913 of 2011 COMMON ORDER: These two revisions are filed against the orders made in Criminal M.P. Nos. 988 of 2011 and 1679 of 2011 in C.C. No. 70 of 2011, dated 21.6.2011 and 12.9.2011, respectively, on the file of the II Additional Judicial First Class Magistrate, Bhimavaram, dismissing the applications by the petitioner for return of the property. Admittedly, the petitioner filed Criminal M.P. No. 988 of 2011 before the trial Court for return of the seized property prior to quashing of C.C. No. 70 of 2011 by this Court and the said application was dismissed on 21.6.2011. Subsequent to quashing of the aforementioned C.C. by this Court on 19.8.2011, the petitioner preferred another application, namely, Criminal M.P. No.1679 of 2011, that was also dismissed by the trial Court on 12.9.2011, against which, the petitioner preferred Criminal R.C. No. 1913 of 2011. Considering the facts and circumstances, in both the cases, the challenge before this Court is regarding dismissal of applications by the learned Magistrate, by which, he refused to return the property seized by the respondent-police. In view of the fact that C.C. No. 70 of 2011 has already been quashed by this Court, nothing is pending before the concerned Court for adjudication. In such a situation, it is the duty of the learned Magistrate to return the seized property. But, the learned Magistrate dismissed the application on an erroneous consideration that there is a bar under Section 46-E of the Andhra Pradesh Excise Act, 1968. Considering the above circumstances, the trial Court is directed to return the property seized in connection with Crime No. 23 of 2011 on the file of Kalla Police Station, West Godavari District to the petitioner. With the above observations, the Criminal Revision Cases are disposed of. _______________________ JUSTICE RAJA ELANGO Date : 22.09.2011 pnb