M. VENKAT REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of Cr.P.C., to quash the order dated 22.06.2021 in Crl.M.P.No.466 of 2021 in Crime No.282 of 2021 passed by the Judicial Magistrate of First Class, Mahabubnagar.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the record.

(3.) The petitioner herein is sole accused in Crime No.282 of 2021 and he is the owner of seized stock in the said crime. He filed an application vide Crl.M.P.No.466 of 2021 before the Court below seeking interim custody of the seized property i.e., (i) 150 packets of cotton Sadanand, (ii) 32 packets of cotton 659 BG-II, (iii) 30 packets of cotton 4756, (iv) 30 packets of cotton platinum, (v) 180 packets of cotton KDCH-018, 30 packets of cotton junge 7017, (vii) 60 liters of Profix Super, (viii) 20 liters of Mida (1 liter X 20), (ix) 10 liters of Mida ( liter X 20), (x) 5 kgs Megasuper, (xi) 5 kgs Mega King, (xii) 5 kgs Megal claim (50 X 100 gms), (xiii) 5 kgs Megal claim (20 X 250 gms), (xiv) 20 liters of Atonik (1 liter X 10), (xv) 10 liters of Atonik (20 X 500 ml), (xvi) 4 kgs of Ammon, (xvii) 10 kgs of Acemaid and (xviii) 10 liters of Erase, total worth of Rs.6,64,794/-. The Court below, vide order dated 22.06.2021, dismissed the said application on the ground that the seeds are kept in an unauthorized premises, and whether the seeds are kept in an unauthorized premises or not is a triable issue, and in the instant case, the seeds constitutes physical evidence and the seeds constitute crucial evidence and therefore, the seeds cannot be returned to the petitioner at that juncture.