IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND NINE HON’BLE SRI JUSTICE G. BHAVANI PRASAD Criminal Petition No.5659 of 2009 Between: Nelakurhti Rama Krishna .. Petitioner AND State of A.P. rep. by the Public Prosecutor, High Court of A.P., Hyderabad .. Respondent Petition under Section 482 of Cr.P.C. praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased to quash the order, dated 10-06-2009 passed by the Additional Judicial First Class Magistrate, Narsapur, West Godavari District in Crl.M.P. No.1516 of 2009 in Crime No.75 of 2009 and consequently allow the Crl.M.P. No.1516 of 2009. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri A.V. Sesha Sai, Advocate for the petitioner and of the Public Prosecutor for the respondent, the Court made the following: ORDER: Sri A.V. Sesha Sai, learned counsel for the petitioner and Sri A. Ramesh, learned counsel representing the learned Public Prosecutor for the sole respondent, are heard. Crime No.75 of 2009 of Narsapur Town Police Station, West Godavari District was registered under Section 102 of the Code of Criminal Procedure on interception of Tata Indica car AP 37 AJ 1256 on 04-03-2009 at 7.30 P.M. and finding Rs.15,12,450/- being carried in a bag in the vehicle. The three inmates of the car were stated to have not shown sufficient proof about the cash. When information was sought to be laid before the Executive Magistrate, the said Magistrate returned the same to place such information before the Court of competent jurisdiction. The information specifically stated that the amount was collected by the person doing prawn commission business from Surya Marines on 04-04- 2009. It further stated that the documents relating to the car were found to be correct and that the persons travelling in the car were doing prawn commission business and prawn culture respectively carrying huge amounts from one place to another. The cash was submitted before the Court of Additional Judicial Magistrate of First Class, Narsapur and the petitioner filed Criminal M.P. No.1516 of 2009 before the Court seeking custody of the cash, filing along with the petition the purchase bills, the confirmation from Surya Mitra Exim Private Limited about the petitioner receiving payment against the said bills and the affidavits of the two other inmates of the car, apart from proof of his identity and residence through the house hold card. The petitioner’s request was negatived by the learned Magistrate by order, dated 10-06-2009 in spite of noting that the petitioner was not stated to have committed any offence and that the cash was seized only on suspicion. Why the learned Magistrate felt that the bills were not sufficient to decide the legal possession of the money with the petitioner, is unintelligible and the learned Magistrate assigned a very peculiar reason for refusing interim custody as the C.P.R. number will be pending without a final disposal, if interim custody is given. The dismissal of the miscellaneous petition brought the petitioner before this Court and the facts narrated above would clearly show that the petitioner cannot be deprived of the use of the money till the finality of the criminal proceedings and the Apex Court made it clear that the judicial discretion under Section 451 of the Code of Criminal Procedure has to be exercised judiciously and expeditiously. As such, the interim custody of the money has to be entrusted to the petitioner subject to appropriate conditions. Therefore, the cash of Rs.15,12,450/- seized in Crime No.75 of 2009 of Narsapur Town Police Station, West Godavari District shall be entrusted to the interim custody of the petitioner on his execution of a personal bond for Rs.15,25,000/- (Rupees fifteen lakhs and twenty five thousand only) with two sureties for a like sum each to the satisfaction of the Additional Judicial Magistrate of First Class, Narsapur, West Godavari District, further subject to the petitioner undertaking to produce the sum of Rs.15,12,450/- before the Court whenever directed and the criminal petition is ordered accordingly. _____________________ G. BHAVANI PRASAD, J Date: 21-08-2009 Svv