Seized stock must be returned to its owner: Telangana HC

The petitioner claimed to be the owner of the seized property i.e., 99,629 bags of red chilli seeds (as per the seizure report, 78,857 bags are available physically, each bag containing 40 kgs)

Hyderabad: Justice K Lakshman of Telangana High Court allowed a petition filed by Chenguang Bio Tech Pvt Limited under Food Safety and Standards Act, 2006. The petitioner claimed to be the owner of the seized property i.e., 99,629 bags of red chilli seeds (as per the seizure report, 78,857 bags are available physically, each bag containing 40 kgs). He moved the lower courts and when the application for release were dismissed he filed the present petition before the High Court.

In a detailed order Justice Lakshman said, “The seized property in a crime has to be returned to the owner of the property on satisfying his ownership with regard to the said property and on verification of the documents and also on imposing of certain conditions.”

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The subject stock was kept in Swarna Bharathi Cold Storage Private Limited at Pallipadu village in Khammam. The Magistrate dismissed the petition on the ground that the seized stock i.e., chilli seeds are not safe for human consumption as it contains toxins and is a preserved product.

The High Court faulted the finding and agreed with the submission of the petitioner that there was no ‘shelf life’ for the red chilli seeds. He further submitted that since the red chilli seeds were by-products, there was no ‘shelf life’ prescribed in the said regulations. The judge also took note of the fact that the report of the Food Safety Officer was contrary to the report submitted by the Food Analyst, Nacharam, and directed release of the seized stock.

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