BHOGI NAGABHUSHANA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal revision case under Sec. 397 & 401 of Criminal Procedure Code, 1973 (for short "Cr.P.C") is filed challenging the order dtd. 12/11/2021 passed in Crl.M.P.No.831 of 2021 in Crime No.83 of 2021 by learned Judicial Magistrate of First Class, Prohibition and Excise Court, Srikakulam District, FAC/-Special Judicial Magistrate of First Class, Prohibition & Excise, Srikakulam, wherein the petition filed under Sec. 457 Cr.P.C. seeking interim custody of crime property i.e., 1.Vimal Pan Masala 50 white plastic bag each containing 52 boxes and each box cost Rs.120.00 worth of Rs.3,12,000.00 and 2.Raja Khaini 9 white plastic bags each bag containing 200 boxes, each box cost 100.00, worth of Rs.1,80,000.00 total worth of Rs.4,92,000.00 was dismissed.

(2.) Heard Smt Durga Sree Devi, learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of the respondent.

(3.) Learned counsel for the petitioner submits that admittedly the offences registered under Ss. 270, 273 and 188 of IPC are in connection with tobacco products and this Court has quashed proceedings, in cases where offences were registered under the above Sec. in connection with tobacco products. She submits that the Court below has dismissed the petition filed seeking custody of tobacco products on the sole ground of bar of jurisdiction under Sec. 13-E of A.P. Prohibition Act, 1995 (for short APP Act) and failed to appreciate that said Sec. is applicable to excisable articles and as petitioner sought interim custody of tobacco products it will not come under Excise Act and cannot be termed as prohibited product said Act, as such Magistrate has jurisdiction to entertain the said petition. Learned counsel submits that the offences as alleged under IPC are not attracted in view of the orders passed by this Court in Crl.P.Nos.5421 of 2019 and batch and this Court has granted interim custody of tobacco products in similar circumstances. Hence, she requests that the petitioner may be granted similar relief.