Inadequate evidence and procedural lapses resulted in the acquittal of accused with ownership of the seized funds requiring judicial determination.

O R D E R:

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘ BNSS ’) by petitioner/accused No.1 to quash the judgment dated 30.01.2025 passed in C.C.No.762 of 2023 on the file of the Principal Junior Civil Judge-Cum-Judicial First Class Magistrate, Jangaon, to the extent of confiscation of Item No.1 vide C.P.R.No.189/2018 i.e., an amount of Rs.5,80,65,000/- (Five Crore Eighty Five Lakhs and Sixty Five thousand only) and seeking a consequential direction to the respondent to refund Item No.1 vide C.P.R.No.189/2018 i.e., an amount of Rs.5,80,65,000/- (Five Crore Eighty Five Lakhs and Sixty Five thousand only), together with accrued interest thereon to thepetitioner herein/A1.

2. Heard Mr. M.Ram Mohan Reddy, learned counsel for petitioner/accused No.1 and the learned Public Prosecutor appearing for respondents.

3. Learned counsel for petitioner/accused No.1 submitted that prosecution failed to establish that the cash seized was intended for bribing the voters. That trial Court passed judgment dated 30.01.2025 in C.C.No.762 of 2023 acquitting petitioner/accused No.1 and other accused under Section 248 (1) of Code of Criminal Procedure (for short ‘Cr.P.C’). That trial Court ordered for confiscation of Item No.1 vide C.P.R.No.189/2018 (i.e., an amount of Rs.5,80,65,000/-).

Aggrieved by the order, present criminal petition is filed.

3.1 On the basis of a case (suo moto) registered vide Cr.No.516 of 2018, for offences under Sections 171B , 468, 471, 420, 120B of Indian Penal Code , 1860 (for short ‘IPC’) at P.S. Jangaon, investigation was taken up. Charge sheet was filed for offences under Sections 171E, 420 of IPC and Section 191 of Motor Vehicles Act , 1998. It is reflected in the charge sheet that accused Nos.1, 2 and 3 violated the election code of conduct, transporting huge unaccounted money, to hand over the money to other accused. It is also submitted that Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Jangaon, after considering oral and documentary evidence, concluded that prosecution failed to establish the guilt of the accused. It is lastly submitted that since a Court of competent jurisdiction has found the accused not guilty of offences, amount with accrued interest has to be paid to petitioner.

4. Learned Public Prosecutor appearing for respondent- State submitted that against the order dated 28.06.2019 passed in Crl.R.P.No.11 of 2019 (filed by petitioner herein) by the V Additional Sessions Judge, II-FTC, Warangal, State preferred Crl.P.No.8520 of 2019. That a learned Single Judge of this Court vide order dated 14.07.2022 disposed of Crl.P.No.8520 of 2019, directing the trial Court to decide in detail the issue of ownership or otherwise of the amount seized under the cover of panchanama and dispose of the property in accordance with law. It is further submitted that the trial Court decided the matter in respect of criminal case and acquitted the accused, but, the Court failed to give any finding nor passed any order (as per the directions of this Court) concerning the ownership of Item No.1 vide C.P.R.No.189/2018, amount confiscated by the State.

5. Heard learned counsels, perused the record, considered the submissions.

6. A vehicle bearing No.AP-37CK-4985 was intercepted by Sub-Inspector of Police, P.S. Jangaon, with his staff at SST check point, Pembarthy, an amount of Rs.5,80,65,000/- was seized under the cover of panchanama. A case in Crime No.516 of 2018 came to be registered, investigation was taken up, charge sheet filed. In C.C.No.762 of 2023 in Crime No.516 of 2018, Princip