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2020 Supreme(AP) 454
ANDHRA PRADESH HIGH COURT AT AMARAVATI
Battu Devanand, J.
Eluri Subba Rao - Appellant
Versus
State Of Andhra Pradesh - Respondent
Criminal Petition No. 1965 of 2020
Decided On : 20-05-2020
R. Siva Sai Swarup, Advocate
When criminal proceedings are quashed, the possession of the property that was seized from the accused in connection with the said crime is to be returned to the accused.
Headnote:
CRIMINAL PETITION - QUASHING OF FIR AND CHARGE SHEET - RETURN OF SEIZED PROPERTY - SECTION 452(2) OF CR.P.C. - COURT DIRECTED THE RETURN OF SEIZED PROPERTY TO THE PETITIONERS AS THE CRIMINAL PROCEEDINGS WERE QUASHED.
Fact of the Case:
Petitioners were arrested and their property was seized in connection with a crime registered under Section 273 of the Indian Penal Code and Section 22 R/w 5(1) of the Cigarettes and other Tobacco Products Act. The FIR and the charge sheet were subsequently quashed by the High Court. The petitioners then filed a petition under Section 452(2) of the Cr.P.C. for the return of the seized property.
Finding of the Court:
The court held that since the criminal proceedings had been quashed, the possession of the property that was seized from the petitioners was to be returned to them. The court also noted that there were no rival claimants for the property.
Issues: Whether the petitioners were entitled to the return of the seized property after the quashing of the criminal proceedings.
Ratio Decidendi: The court relied on Section 452(2) of the Cr.P.C., which provides that an order for delivery of property can be made to any person claiming to be entitled to the possession thereof. The court also relied on a previous decision of the High Court in Criminal Petition No.11144 of 2018, in which it was held that property seized from an accused person in connection with a crime that is subsequently found not to be an offence must be returned to the accused.
Final Decision: The court allowed the petition and set aside the order of the lower court. The court directed the police to return the seized property to the petitioners.
JUDGMENT
Battu Devanand, J. - This criminal petition is filed under Section 482 of the Code of Criminal Procedure R/w Section 451 of the Code of Criminal Procedure Code seeking an order to quash the impugned order dated 11-03-2020 in Crl.M.P.No.3 of 2020 in Crime No.149 of 2018 on the file of the Court of Additional Junior Civil Judge, Narsipatnam, Visakhapatnam in C.C.No.868 of 2019.
2. Heard Sri R. Siva Sai Swarup, learned counsel for the petitioners and the learned Public Prosecutor appearing for the respondent-State.
3. Learned counsel for the petitioners submits that the crime in FIR No.149 of 2018 was registered by the Station House Officer, Narsipatnam Town Police Station for the offences punishable under Section 273 of Indian Penal Code, 1860 and under Section 22 R/w 5(1) of Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (for short "the Act") and arrested the petitioners, who are the accused Nos.1 and 2 in the said case and seized 104 bags of Raja Khaini, Meeraj Khaini and Deluxe bags under cover of a report dated 29-09-2018. During the FIR stage, the 2nd petitioner/A.2 herein filed Criminal Petition No.404 of 2018 to quash the FIR and this Court by its order dated 31-01-2019 quashed the FIR against him. Subsequently, the police filed a charge sheet which was numbered as C.C.No.868 of 2019 and the same was quashed by this Court by its order dated 13-12-2019 in Criminal Petition No.6255 of 2019.
4. Learned counsel for the petitioners submits that in view of the entire case is quashed by this Court and there is no crime pending as against the petitioners, the petitioners filed a Criminal Petition before the Additional Junior Civil Judge, Narsipatnam under Section 452(2) of Cr.P.C. praying to return of the seized property. The Court below passed order dated 11-03-2020 directing the Station House Officer, Narsipatnam Town Police Station to follow the directions given by the Hon'ble High Court in the above said criminal petitions which were communicated to the Station House Officer by the Hon'ble High Court and submit the same after disposal of the case property.
5. The contention of the learned counsel for the petitioners is that as there is no any specific direction in the order of the Court below to return the property, they are constrained to approach this Hon'ble Court by filing the present petition.
6. Having heard the submissions of the learned counsel for the petitioners and the learned Public Prosecutor, on perusing the grounds raised in this criminal petition and the documents filed herewith, the following admitted facts are noticed:
While Accused No.2 who is the driver of the Lorry has been transporting the Tobacco products in a lorry, the same was anticipated by the police and they have seized the Tobacco products and registered a case against Accused Nos.1 and 2 for the offences punishable under Section 273 of Indian Penal Code, 1860 and under Section 22 R/w 5(1) of Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act. The accused were arrested and subsequently they were enlarged on bail. Thereafter the 2nd petitioner/A.2 filed Criminal Petition No.404 of 2019 to quash the FIR and this Court by its order dated 31-01-2019 quashed the FIR No.149 of 2018 with respect to the 2nd petitioner/A.2. Subsequently, police filed charge sheet in the said crime which was numbered as C.C.No.868 of 2019 and the 1st petitioner/A.1 filed Criminal Petition No.6255 of 2019 to quash the said charge sheet and this Court by its order dated 13-12-2019 quashed the charge sheet in C.C.No.868 of 2019.
Subsequently, the petitioners approached the Additional Junior Civil Judge, Narsipatnam and filed a petition under Section 452(2) of Cr.P.C. in Crl.M.P.No.3 of 2020 for return of the seized property. The learned Magistrate allowed the said criminal pe
