LAWS(APH)-2020-12-27

GUNTHA GOVINDHU Vs. STATE OF ANDHRA PRADESH

Decided On December 18, 2020
Guntha Govindhu Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 read with 457 of the Code of Criminal Procedure, 1973 seeking a direction to the Station House Officer/Court concerned to release the vehicle i.e. Ashok Leyland Dosti bearing registration No.AP 16 TE 5315 and tobacco products seized in connection with F.I.R. No.203 of 2020 of Kurnool Taluq Police Station, Kurnool District.

(2.) The above said crime has been registered against the petitioners under Sections 188, 273 and 328 read with 34 of the Indian Penal Code, 1860 and 59(i) of the Food Safety and Standards Act, 2006 against which, the petitioners herein have filed Criminal Petition No.2328 of 2020 before this Court seeking to quash the said F.I.R. This Court has allowed the said criminal petition vide common order dated 29.07.2020, basing on the earlier orders passed by this Court in Criminal Petition Nos.5169 of 2019 and 5103 of 2019 and batch. Subsequently when the petitioners approached the concerned Police for return of the seized vehicle and tobacco products they refused to return on the ground that there is no order for releasing the same. Hence, the present criminal petition is filed.

(3.) Heard Sri Raja Reddy Koneti, learned counsel for the petitioners and Public Prosecutor for the respondent-state.