HON’BLE SRI JUSTICE G. BHAVANI PRASAD Criminal Petition No.6925 of 2009 ORDER: Heard Sri Kasi Nageswara Rao, learned counsel for the petitioner and Sri A. Ramesh, learned counsel representing the learned Public Prosecutor for all the three respondents. Cr.No.167 of 2009 on the file of Nelakondapalli Police Station, Khammam District, was registered on interception of an auto trolley by the Head Constable, in which 12 bags of Black Jaggery and one bag of alum and 5 litres of arrack were allegedly being transported by the petitioner. The petitioner was alleged to have absconded from the scene. The petitioner claims that he is the proprietor of M/s. Sri Vasavi Kanyakaparameswari Jaggery and General Merchant doing business under licence from Commercial Taxes Department dealing with kirana articles including black jaggery and alum. He claimed to have sold 12 bags of black jaggery weighing 600 Kgs and 50 Kgs of alum to Rayapudi Rama Rao and claimed to be transporting the same in the auto at the relevant time. While claiming that he was not carrying any illicitly distilled liquor, the petitioner brings to notice that black Jaggery and alum are not prohibited and regulated commodities under any law. Black Jaggery and alum appear to be perishable commodities and if kept unattended with the police, they will become unavailable to anybody at the end of criminal proceedings due to natural deterioration in the course of time. As pointed out by the Apex Court in Sunderbhai Ambalal Desai v. State of Gajarat[1], orders under Section 451 of the Code of Criminal Procedure should be passed expeditiously and judiciously to safeguard the property seized in crimes for the benefit of the person, who ultimately succeeds. As such, irrespective of the truth or otherwise of the claims of the petitioner, the interim custody of black jaggery and alum can be entrusted to the petitioner as they are not prohibited or regulated commodities. Therefore, 12 bags of black jaggery each containing 50 Kgs. and 50 kgs. of alum seized in Cr.No.167 of 2009 on the file of Nelakondapalli Police Station, Khammam District, shall be entrusted to the interim custody of the petitioner on his execution of a personal bond for Rs.15,000/- (Rupees fifteen thousand only) with one surety for a like sum to the satisfaction of the Judicial Magistrate of First Class, Prohibition and Excise, Khammam, and further subject to the petitioner undertaking to produce the same quantity and quality of black jaggery and alum before the court whenever directed. Accordingly, the Criminal Petition is ordered. _____________________ G. BHAVANI PRASAD, J Date: 02-09-2009 Ksn [1] 2002 (10) SCC 283