VENKATSAI ENTERPRISES Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for shot 'Cr.P.C.'), is filed seeking to quash the order dt.01.07.2020 passed in Crl.M.P.No.224 of 2020 in Cr.No.124 of 2019, by the learned Judicial Magistrate of First Class, Husnabad. The petitioner herein is accused No.1 in the said crime. The offences alleged against the petitioner herein are under Sections 420 IPC, Section 5 of Explosives Substances Act, 1908 and Section 9(B)(1)(b) of Explosive Act, 1884.

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

(3.) The petitioner herein claiming to be the owner of the subject property which was seized in Cr.No.124 of 2019 by the Police filed an application under Section 451 Cr.P.C vide Crl.M.P.No.224 of 2020 in Cr.No.124 of 2019 seeking to return the subject property for interim custody. On 01.07.2020, the learned Magistrate dismissed the said application on the ground that the Investigating Officer has not yet completed the investigation and samples of the property have not yet been sent for analysis and FSL report was not obtained. On the said grounds, the learned Magistrate has refused to give interim custody of the seized property to the petitioner herein.