Kodeboyiena Subramanyam vs The State Of Andhra Pradesh
2022 Latest Caselaw 1628 AP

  THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

             CRIMINAL REVISION CASE No.241 OF 2022


ORDER:-


      This Criminal Revision Case is directed against the order dated

04.03.2022

passed in Crl.M.P.No.143 of 2022 in Crime No.130 of

2022 of Ibrahimpatnam Police Station, on the file of the learned IV

Additional Metropolitan Magistrate, Vijayawada, whereby the petition

filed under Section 457 Cr.P.C seeking interim custody of the lorry

bearing registration No.AP 16 TE 3739 was dismissed as not

maintainable.

Heard learned counsel for the petitioner and learned Additional

Public Prosecutor for the State.

A case in Crime No.130 of 2022 was registered by

Ibrahimpatnam police for the offences punishable under Section 420

IPC and under Section 7(1) of the Essential Commodities Act, 1955

(for short 'the Act'). The Investigating Officer has seized the lorry

bearing registration No.AP 16 TE 3739 in connection with the said

crime. Thereafter, the petitioner has filed an application under

Section 457 Cr.P.C before the learned Magistrate seeking interim

custody of the said vehicle. The said petition came to be dismissed by

the impugned order on the ground that when the proceedings under

Section 6A of the Act are initiated, the Court or Tribunal has no

jurisdiction to order for release of the vehicle and only the authority

specified in the Act i.e., the Joint Collector alone is competent to

consider the application for return of the said vehicle. Learned trial

Judge in arriving at the said conclusion relied on earlier judgments

rendered by this Court in various cases which are mentioned in the

impugned order.

Admittedly, the case was registered under Section 7(1) of the

Act. As can be seen from the impugned order, it is stated that the

proceedings under 6A of the Act are deemed to have been initiated.

Therefore, when the proceedings of the 6A of the Act are initiated, as

per the settled law in this regard, the petitioner has to approach the

concerned authority i.e., Joint Collector under the Act to seek return

of the said vehicle towards interim custody.

Therefore, the impugned order of the learned trial Judge is

perfectly sustainable under law and it calls for no interference in this

Criminal Revision Case.

Resultantly, the Criminal Revision Case is dismissed. However,

the petitioner is at liberty to approach the competent authority under

the Act and file an appropriate application before him seeking return

of the vehicle. In case the petitioner files any such application before

the competent authority under the Act for return of the said vehicle,

the said authority shall dispose of the said application within three

days from the date of filing the application, after hearing both the

parties according to law.

Miscellaneous Petitions, if any pending, in this Criminal

Revision Case, shall stand closed.

________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

Date: 06.04.2022

Note: Issue CC by 07.04.2022 B/o AKN

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CRIMINAL REVISION CASE No.241 OF 2022

Date: 06-04-2022

AKN