JANGILI RAJENDRA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 seeking for interim custody of the auto bearing No.AP 16 TQ 1220, seized in connection with crime in FIR No.401 of 2019 on the file of the Kanchikacherla Police Station, Krishna District for the offences punishable under Sections 420 of Indian Penal Code (for short IPC) and under Section 7 of the Essential Commodities Act, 1955 (for short E.C. Act, 1955).

(2.) Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

(3.) Learned counsel for the petitioner submits that the petitioner is the owner of the auto bearing No.AP 16 TQ 1220 and used to engage the auto for various commercial transactions, in the meantime, the 2nd respondent seized his vehicle and produced before the Court of the Principal Junior Civil Judge, Nandigama in connection with F.I.R.No.401 of 2019 registered for the offences punishable under Sections 420 of IPC and 7 of E.C.Act, 1955. Further it is contended that the petitioner was not having any role in procuring the rice, once the vehicle is engaged, the person who has taken the vehicle will load the same in his premises and the petitioner will not be having any role in the work. However, the petitioner filed Crl.M.P.No.356 of 2020 before the Principal Junior Civil Judge, Nandigama seeking interim custody of the vehicle and it was dismissed vide order, dated 03-03-2020, holding that - "The decision rendered in Shambhanu Dayal Agarwala (supra) & Oma Ram (supra) has been reiterated and followed by their Lordships of Supreme Court in State of Bihar V. Arvind Kuma, 2012 Supp AIR(SC) 8 holding that the release order passed in favaour of the respondents therein without regards to Section 6A and Section 6E of the E.C. Act, 1955 is improper. The above discussed legal position manifest that this Court under section 6E of the Act is barred. Hence, the petition is held to be devoid of merit and is, therefore, dismissed in the interest of justice"