The transportation of property not found to be an offense, property to be returned for carrying on the transportation.

JUDGMENT

D.Ramesh, J. - This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 seeking a direction to release the auto bearing No.AP 37 TD 7790 and products seized from the said vehicle/auto in Crime No.243 of 2020 on the file Station House Officer, Bhimavaram I Town Police Station, West Godavari District, for the alleged offences under sections 272, 273, 328 read with 34 IPC and 54 read with 59 of Food Safety and Standards (Prohibition & Restriction on sale) Regulations 2011 and Food and Safety and Standards Act, 2006, and under section 20(2) of Cigarettes and Other Tobacco Products Act, 2003.

2. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor, appearing for the respondent/State.

3. During the course of hearing, the learned counsel for the petitioners represented that this Court by its order dated 23.07.2020 in Criminal Petition No.2659 of 2020 quashed the F.I.R. and he further placed reliance on the judgment passed by this Court in Criminal Revision Case No.1135 of 2019,dated 05.11.2019, wherein the it held that,

"... in similar set of facts, this Court in Criminal Petition No.11144 of 2018 held as under : .... Property was seized from the possession of the petitioner while he was transporting the same and when such transportation of such property is not found to be an offence, property has to be returned for carrying on the transportation. If any crime, as apprehended by the Public Prosecutor, takes place, it is for the concerned to take action, as permitted by law."

4. In view of the above judgment and considering that the criminal case registered in connection with the transportation of tobacco products has been quashed by order of this Court dated 23.07.2020 in Crl.P.No.2659 of 2020, the possession of the property that was seized from the accused in connection with the said crime is to be delivered to the accused.

5. In view of the above, this Criminal Petition is allowed and the Station House Officer, Bhimavaram I Town Police Station, West Godavari District is directed to release the vehicle i.e. auto bearing No.AP 37 TD 7790 as well as the products that were seized from the said auto. As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed.