HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:306 OF 2011 ORDER: This Criminal Revision Case is directed against the order dated 10.2.2011 passed in Criminal M.P. No.560 of 2011 in C.C. No. 186 of 2001 on the file of the Judicial First Class Magistrate, Huzurnagar, whereby the learned Magistrate declined to entertain the petition filed for return of the F.D.R. No. 0026662 for Rs.45,000/-, which was deposited by the petitioner as security for release of the tractor and trailor seized in connection with P.R. No.250 of 2001-02 of Prohibition and Excise Station, Huzurnagar, registered for the offences punishable under Section 8(b) of A.P. Prohibition Act. It is seen from the record that subsequently, the said crime was taken on file as C.C.No.186 of 2001 by the learned Judicial Magistrate of First Class, Huzurnagar and the said Magistrate vide his judgment, dated 30.07.2002, acquitted the petitioner-accused of the offence with which he was charged. In view of the fact that the petitioner has been acquitted of the offence with which he was charged, he is entitled for return of the F.D.R. and the learned Magistrate was not justified in rejecting the petition for return of the F.D.R., which was deposited by the petitioner with the Deputy Commissioner, Prohibition & Excise Nalgonda. Hence, the Criminal R.C. is allowed and the impugned order is set aside. The Deputy Commissioner, Prohibition & Excise, Nalgonda, the 2nd respondent herein is directed to return the above-mentioned Fixed Deposit Receipt to the petitioner under proper acknowledgment. The Criminal R.C. is accordingly disposed of. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 14th February, 2011 pnb