KOTHAGULLA VENKATA RAMA RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of Cr.P.C., seeking a direction to release of stock seized in Crime No.3 of 2020 by Laxmidevipalli Police Station, Bhadradri-Kothagudem District.

(2.) The Police, Laxmidevipalli Police Station, have seized the property i.e., Baba-160 (180) boxes and Baba-54 (5 big boxes) all worth of Rs.78,700/- and registered Crime No.3 of 2020 for the offences under Sections 270 and 273 IPC. The Police have produced the said property before the II Additional Judicial Magistrate of First Class, Kothagudem (for short, the Court below). The petitioner herein, claiming to be the owner of the said property, filed Crl.M.P.No.50 of 2020 under Section 457 of Cr.P.C. for interim custody of the said property. The Court below, vide order dated 06.03.2020, dismissed Crl.M.P.No.50 of 2020 on the ground that the seized property is banned vide notification dated 06.02.2020, which was came into effect from 10.01.2020, issued by the State of Telangana.

(3.) Sri R.R.Kalyan, learned counsel for the petitioner, would submit that the property was seized on 06.01.2020 and the notification came into force on 10.01.2020 prohibiting the tobacco products. He would further submit that a Division Bench of this Court vide order dated 08.02.2020 in W.P.No.4205 of 2020 stayed all further proceedings pursuant to the said notification dated 06.01.2020 issued by the Commissioner of Food Safety, Telangana Directorate of Institute of Preventive Medicine, Public Health Labs & Food (Health) Administration, Hyderabad. He would further submit that the Division Bench passed similar orders in several Writ Petitions.