NAZIYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Aggrieved by the condition imposed by the Prl. District & Sessions Judge, Raichur in Criminal Revision Petition No.11/2019, for furnishing of Bank guarantee in a sum of Rs.5,00,000/- for interim custody of cash of Rs.4,87,695/- the petitioners are before this Court in this petition.

(2.) The respondent Excise police allegedly conducted raid on the house of the petitioners situated at Kalidas Nagar, Raichur on 05-10-2018 on the information that, the petitioners are indulging in manufacturing of illicit toddy. It is alleged that during the said raid, respondent police recovered 20 liters of toddy, 5 Kg. C.H powder, 1 Kg. paste, 25 Kg. citric acid, 5 Kg. Saccharin and cash of Rs.4,87,695/- the sale proceeds of illicit toddy.

(3.) The seizure was reported to the Magistrate. The petitioners/accused in the case, filed application under section 457 Cr.P.C before the Magistrate seeking interim custody of the seized cash. The learned Magistrate vide order dated: 11-01-2019 in FIR No.647/2018 rejected the application of the petitioners.