GARAPATI VEERRAJU Vs. STATE OF A P
LAWS(APH)-2011-8-36
HIGH COURT OF ANDHRA PRADESH
Decided on August 03,2011

GARAPATI VEERRAJU Appellant
VERSUS
STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR Respondents

JUDGEMENT

- (1.)PETITIONER/A-5 approaches this Court with a prayer to quash/set aside the order, dated 29-6-2011, in Crime No. 221 of 2009 of Chagallu Police Station passed by the Judicial Magistrate of First Class, Nidavavolu, and to return the cattle seized from his possession.
(2.)AFTER seizure of the cattle from the petitioner herein, the same were entrusted to one M.Venkateswara Rao, as per the orders of the Court and he is maintaining the said cattle. The grievance of the petitioner herein is that the cattle are not properly maintained by the said Venkateswara Rao and further, he submitted that when the Court wants to auction the said cattle, the offset price of the said cattle was fixed by the competent Doctor at Rs. 5,00,000/-. Learned counsel for the petitioner submitted that the petitioner is willing to pay the said amount and he is ready to take care of the cattle and produce the same before the trial Court, and also ready to abide by any conditions.
The learned counsel for the complainant submitted that the amount involved in this case is more than 1 1/2 crore and the said cattle were purchased by the petitioner herein from out of the ill-gotten money.

This Court is aware of the fact that under Section 451 Cr.P.C, this Court is not deciding the ownership of the property. Section 451 Cr.P.C. speaks about proper custody of the property seized by the police concerned. Admittedly, the said cattle were recovered from the possession of A-5, who is the petitioner herein and custodian of the said cattle. This Court is of the view that the petitioner will take care of the said cattle and by imposing some conditions, the same may be returned to the petitioner herein.

(3.)ACCORDINGLY, the learned Judicial Magistrate of First Class, Midadavolu is directed to return the cattle to the petitioner on his depositing a sum of Rs. 7,00,000/- (Rupees seven lakhs only) within a period of four (4) weeks from the date of receipt of a copy of this order before the concerned Court in the said crime and also the petitioner is directed to deposit 50% of the money acquired by him by way of selling milk, before the concerned Court in the said crime. Further, the petitioner should not alienate the said cattle and should also allow the Investigating Officer to verify the cattle periodically and see as to whether the cattle are properly maintained by him or not.
With the above observation, the Criminal Petition is disposed of.



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