ADAPA RAMBABU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking interim custody of the TATA EICHER Van bearing No.AP 05 TM 5556 which was seized in connection with F.I.R.No.163 of 2020 on 11.08.2020, for the offences punishable under Sections 269, 270, 240 read with 34 of the Indian Penal Code, 1860 and Section 7 read with 8 of the Essential Commodities Act, 1955.

(2.) The case of the prosecution is that on 11.08.2020 on receipt of information that P.D.S. rice is being transported from Kathipudi on NH 216 Pithapuram by-pass road, S.I. along with his staff and mediators started inspecting the vehicles and found the vehicle bearing No.AP 05 TM 5556 was carrying rice and the driver of the van stopped and tried to run away but the Police intercepted him and the above crime was registered.

(3.) It is submitted that though 31 days have elapsed the vehicle is still lying with the Police and the petitioner is facing financial burden. Since 6-A proceedings have not been initiated by the District Collector till date, the petitioner filed an application vide Crl.M.P.No.721 of 2020 in Crime No.163 of 2020 before learned Judicial Magistrate of First Class, Pitapuram, seeking interim custody of the subject vehicle. The learned Judge has dismissed the same on the ground that the vehicle was seized by Pitapuram Town Police Station and District Collector is competent authority for confiscation of the subject vehicle and during pendency of such proceedings, Court has no jurisdiction to entertain the said petition for interim custody of the said vehicle. Accordingly, learned Judge dismissed the said petition.