PEDDIREDDY SESHAYYA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) 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.

(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.