THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8814 OF 2011 ORDER: The present criminal petition preferred by the petitioner challenging the orders dated 14.09.2011 passed by the Principal Sessions Judge, Warangal, in S.R.No.2013 of 2011 in Crl.A.No.96 of 2011, wherein the learned Sessions Judge dismissed the application filed by the petitioner for return of the seized goods in favour of the petitioner herein. Learned Sessions Judge dismissed the application on the ground that during the pendency of the appeal, the said Court is not having jurisdiction to return the goods and the said court is vested with the power only to decide the order passed by the Collector for confiscation of the said goods. This Court perused the record and heard the arguments. This Court is of the view that during pendency of the appeal also, the learned Sessions Judge can order for return of the goods, since if the goods are not returned, it will seriously cause prejudice to the petitioner herein. Hence, the present Criminal Petition is disposed of with the following observations. 1. Respondent herein is directed to return the seized goods to the petitioner herein on his execution of a bank guarantee for a sum of Rs.8.00 lakhs; 2. Further, the petitioner is directed to file an affidavit stating that if he fails in the appeal, he is willing to forfeit the said amount to the State. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ___________________ JUSTICE RAJA ELANGO 22nd September 2011 Rns