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Judgment
Heard Sri Ch. Ravinder, learned counsel appearing for the petitioner, Sri S. Srinivas Reddy, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 and 5 and Sri P. Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.2 to 4. Perused the record.
This Writ Petition filed challenging the Memo bearing No.C/209/2024, dated 20-03-2024 issued by respondent No.4. Vide said Memo, respondent No.4 has directed respondent No.5 / the Additional Mandal Girdavar, Serilingampally Mandal to take action as requested by respondent No.2 / the Station House Officer, Gachibowli Police Station under Section 133 of Cr.P.C., proceedings to seize the house premises bearing H.No.1-24/4 & 5, Lodha Basthi, Beside Hanuman Temple, Nanakramguda, Seriligampally mandal, Ranga Reddy district (hereinafter referred to as ‘subject property’).
Petitioner’s parents are Accused Nos.1 and 2 in Crime No.324 of 2024 pending on the file of respondent No.2 Police Station, for the offences punishable under Sections 8(c), 20(b)(ii)C, 25, 27, 27(A) and 29 of N.D.P.S. Act. The allegations against A-1 and A-2 in the said Crime are that they have possessed and sold 22 Kgs., of Ganja in the subject property.
According to respondent No.2, there are 19 cases and 5 cases against A-1 and A-2 respectively apart from the aforesaid crime. Therefore, respondent No.2 vide letter No.1112/MP3/Cyb/2024, dated 15-03-2024 requested respondent No.4 to take action against the parents of the petitioner for seizing of the subject property for possessing and selling of Narcotic drugs in the subject property. On receipt of the aforesaid letter dated 15-03-2024, respondent No.3 has issued impugned proceedings dated 20-03-2024 directing respondent No.5 to take necessary action for seizing the subject property.
Pursuant to the said Memo, respondent No.5 has seized the subject property and also recorded panchanama dated 21-03-2024. Challenging the said Memo, present Writ Petition is filed.
Section 133 of Cr.P.C., deals with Conditional Order for removal of nuisance. The respondents have to follow the procedure prescribed under Section 133 of Cr.P.C., and also the procedure laid down under Sections 134 to 137 of Cr.P.C.
Section 133 of Cr.P.C., mandates that there must be a report of Police Officer or other information and on taking such evidene, the Executive Magistrate has to make a conditional order requiring the person causing obstruction or nuisance, within a time to be fixed in the order to remove the same or to desist from carrying on. Even for that also a reasonable opportunity shall be given to the affected parties to show cause and to adduce evidence in terms of Section 137 of Cr.P.C. The said order should be conditional order and it should not be an absolute order. Whereas, in the present case, while issuing the aforesaid Memo and panchanama, respondents failed to comply with the said procedure.
In the present case, while issuing the aforesaid Memo bearing No.C/209/2024, dated 20-03-2024 and seizing the subject property by respondent No.5 under the panchanama dated 21-03-2024, respondents have not followed the said procedure. However, grave the offences may be and though the parents of the petitioner are accused in 19 and 5 cases respectively apart from Crime No.324 of 2024 pending on the file of respondent No.2 Police Station, respondents have to follow the aforesaid procedure laid down under law while seizing the subject property by invoking the power under Section 133 of Cr.P.C. In the present case, they have not followed the said procedure. Therefore, on the said ground itself the aforesaid Memo and Panchanama are liable to be set aside.
Accordingly, this Writ Petition is allowed setting aside the Memo bearing No.C/209/2024, dated 20-03-2024 issued by respondent No.4 and Panchanama dated 21-03-2024 conducted by respondent No.5. Respondent Nos.4 and 5 are directed to open the lock of the subject property i.e., house premises bearing H.No.1-24/4 & 5, Lodha Basthi, Beside Hanuman Temple, Nanakramguda, Seriligampally mandal, Ranga Reddy district, forthwith.
However, this order will not preclude respondent Nos.2 to 4 in taking action against accused in Crime No.324 of 2024 pending on the file of respondent No.2 Police Station, for seizing of the subject property by strictly following the aforesaid procedure laid down under law and more particularly the procedure laid down under Sections 133 to 137 of Cr.P.C., for seizing subject property. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.