HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.7691 of 2009 Dated : 18.09.2009 Between : G.Suresh ….. Petitioner a n d The State of A.P. & 2 others ….. Respondents HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.7691 of 2009 ORDER: Heard Sri Palle Nageswar Rao, learned counsel for the petitioner, and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor, for respondent Nos.1 to 3. Learned counsel for the petitioner has endorsed on the petition that the relief of quashing the further proceedings in crime No.70 of 2009 of Raikal Police Station, Karimnagar District, sought for in the criminal petition is not pressed. Crime No.70 of 2009 of Raikal Police Station was registered against the petitioner and another alleging that on 10.04.2009 black jaggery and alum were being carried in the auto trolley by both the accused in the crime and they confessed that they purchased the same for manufacture of illicitly distilled liquor. The jaggery and alum and the auto were seized during the investigation. The petitioner claims that he is doing business under valid licenses and that jaggery and alum are not prohibited and regulated commodities. He also submitted that he purchased the stocks seized under bills and he is innocent of any offences. Learned counsel for the petitioner contends that except the confession of the accused there is no other material to connect the petitioner with the alleged crime. Irrespective of the truth or otherwise of the defence of the petitioner in the criminal proceedings, he filed a copy of the bill under which he purchased the jaggery and alum in question. The said commodities are not prohibited or regulated commodities under any law and they are perishable commodities, which will deteriorate in value if kept unattended till the finality of the criminal proceedings. The property has to be preserved for the benefit of the person, who ultimately succeeds in the criminal petition and hence, the interim custody of the same has to be entrusted to the petitioner subject to appropriate conditions. Therefore, 14 bags of jaggery with four pieces of jaggery in each bag and 15 kgs. of alum in a bag seized in crime No.70 of 2009 of Raikal Police Station, Karimnagar District, shall be entrusted to the interim custody of the petitioner on his execution of a personal bond for Rs.18,000/- with one surety for a likesum to the satisfaction of the Additional Judicial Magistrate of First Class, Jagityal, further subject to the petitioner undertaking to produce the same quality and quantity of alum and jaggery whenever directed by the Court. The criminal petition is ordered accordingly. ______________________ G.BHAVANI PRASAD, J 18th September, 2009 SUR