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2020 DIGILAW 716 (AP)

Peddireddy Seshayya v. State Of Andhra Pradesh

2020-11-11

CHEEKATI MANAVENDRANATH ROY

body2020
JUDGMENT Cheekati Manavendranath Roy, J. - This Criminal Petition is filed assailing the order dated 22-10-2020 passed in Crl.M.P.No.2021 of 2020 in C.C.No.416 of 2019 on the file of learned Additional Judicial Magistrate of First Class, Ramachandrapuram, whereby the petition seeking interim custody of the seized property, was dismissed. 2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for State. The respondents 3 to 7, who are the other accused in the above case, are not necessary parties to this petition relating to claim made for interim custody of the seized property. Therefore, no notice is required to be given to the respondents 3 to 7. 3. The petitioner herein is A-6 in C.C.No.416 of 2019 on the file of Additional Judicial Magistrate of First Class, Ramachandrapuram. A case under Sections 286, 336 r/w 34 of the Indian Penal Code, 1860 and under Section 9 (1) (b) of the Explosive Substances Act, 1883 was registered against him along with other accused. Incidentally, during the course of investigation, police have seized the crackers in connection with the above case. The petitioner has filed a petition seeking interim custody of the said property i.e. crackers during the pendency of trial of the case. The learned Magistrate dismissed the said petition by the impugned order on the ground that if the property is released, that there is a possibility of causing loss of valuable evidence in this case. 4. Therefore, aggrieved by the impugned order, the present petition is filed questioning the legality and validity of the said order. 5. As can be seen from the impugned order, there is absolutely no dispute regarding ownership of the said property. Learned Magistrate clearly held in the impugned order that the petitioner is owner of the said property as per Tax Invoice bearing No.72 dated 24-10-2019 issued by Maruthi Deepavali Shop, Peravali, generated in the name of P. Seshaiah, who is the petitioner in the said case. Therefore, it is evident that there is absolutely no dispute regarding ownership of the said property. It is clear from the aforesaid order of the learned Magistrate that the petitioner herein has purchased the said property under the aforesaid invoice. Therefore, it is evident that there is absolutely no dispute regarding ownership of the said property. It is clear from the aforesaid order of the learned Magistrate that the petitioner herein has purchased the said property under the aforesaid invoice. However, the learned Magistrate has dismissed the petition declining to grant interim custody of the said property to the petitioner solely on the ground that there is a possibility of causing loss of valuable evidence in the case. The said ground, on which the petition was dismissed, is unsustainable under law. 6. Since the property in question is fire crackers, it is perishable goods. In such a case, there is no use of keeping the said seized property in custody of the police or in the custody of the Court. By taking appropriate safeguards to preserve the evidence in this regard, appropriate order can be passed giving interim custody of the said property to the petitioner. 7. Therefore, this Criminal Petition is allowed setting aside the impugned order. The petition filed by the petitioner in the trial Court seeking interim custody of the property stands allowed. The property i.e. fire crackers which was seized in connection with the above crime is ordered to be given to the petitioner towards interim custody after taking appropriate photographs of the property that was seized and after preparing a detailed Panchanama relating to identity of the said property to be signed by two respectable persons as mediators at the time of release of the said property. The property is ordered to be given towards interim custody to the petitioner on furnishing third party security for Rs.1,90,000/- worth the value of the said property before the learned Magistrate. Miscellaneous Petitions, if any pending, in this Criminal Petition, shall stand closed.