STATE OF ANDHRA PRADESH Vs. EJARLA BADARINATH

JUDGEMENT

(1.) Crime No.128 of 2022 was registered at SEB Station, Gooty against some accused persons for illicit distillation of liquor. On the basis of the statement/confession given by accused No.1 in the case, about 3000 kgs of Black Jaggery and 60 kg of White Jaggery were seized from the respondent/accused No.2. Thereupon, the respondent had approached the Magistrate for release of the said seized Jaggery by way of Crl.M.P.No.255 of 2022, under Sec. 451 of Cr.P.C and the same was allowed on 21/7/2022.

(2.) Aggrieved by the said order of Crl.R.P.No.36 of 2022 was filed before the VI Additional Sessions Court, Ananthapuramu. This petition was dismissed on 20/9/2022. Aggrieved by the said order of dismissal the State has approached this Court by way of the present Criminal Petition.

(3.) The issue raised in the present case is whether the Magistrate had jurisdiction to consider an application for release of Jaggery. The learned Public Prosecutor relies upon Sec. 13(E) of the Andhra Pradesh Prohibition Act which reads as follows: -