THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.5574 of 2021 ORDER:-
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed challenging the order passed under Section 457 Cr.P.C by the trial Court refusing to grant of interim custody of the tobacco products that were seized in connection with a case registered under Sections 34(a), 34(1)(i) of the A.P. Excise Act and under Sections 272, 273, 188 IPC.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned Additional Public Prosecutor would submit that since the petitioner is challenging the order passed by the trial Court under Section 457 Cr.P.C relating to interim custody of the property that the present Criminal Petition under Section 482 Cr.P.C is not maintainable, as the said order is amenable to revisional jurisdiction under Section 397(1) Cr.P.C. Therefore, he would pray for dismissal of this Criminal Petition as not maintainable.
As rightly contended by learned Additional Public Prosecutor, it is now well settled law that an order passed by the trial Court either under Section 451 Cr.P.C or under Section 457 Cr.P.C relating to interim custody of the property that was claimed, the said order is amenable to revisional jurisdiction under Section 397 Cr.P.C. Therefore, when a specific remedy is available to challenge the said order by way of preferring a revision under Section 397(1) Cr.P.C, it is settled law that the petitioner cannot invoke the inherent powers of this Court under Section 482 Cr.P.C. 2 The contention of the petitioner that when the impugned order is ex facie illegal on the face of it that the Court can interfere under Section 482 Cr.P.C, cannot be countenanced. Even on the said contention that impugned order is ex facie illegal on the face of it, he can challenge the said order under Section 397(1) Cr.P.C.
In fact, this Court in Criminal Petition No.2710 of 2021 by its order dated 09.07.2021 clearly held that an order passed relating to interim custody of the property by the trial Court is amenable to revisional jurisdiction under Section 397(1) Cr.P.C after referring various judgments rendered on the issue earlier by the erstwhile High Court of Andhra Pradesh and other High Courts. This Court also clearly held in the said order that when a specific remedy is available under Section 397(1) Cr.P.C to challenge the said order that the petitioner cannot invoke the inherent jurisdiction under Section 482 Cr.P.C. To the same effect, another order in Criminal Petition No.1745 of 2021 is passed by this Court and also in Criminal Petition No.4196 of 2021. So, in view of the aforesaid earlier orders of this Court, this Criminal Petition is not maintainable.
Therefore, the Criminal Petition is dismissed as not maintainable. However, the petitioner is at liberty to challenge the impugned order under Section 397(1) Cr.P.C before the appropriate Court.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 06.10.2021 AKN 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.5574 of 2021 Date: 06-10-2021 AKN