NAMANA BROWN Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 seeking for interim custody of the lorry bearing No.AP-26-W-3959, seized in connection with crime in F.I.R.No.786 of 2020 on the file of the Kanchikacherla Police Station, Krishna District for the offences punishable under Sections 420 of Indian Penal Code, 1860 and under Section 7 of the Essential Commodities 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 lorry bearing No.AP-26-W-3959 and used to engage the lorry for various commercial transactions, in the meantime, the 2nd respondent seized his vehicle and produced before the Court of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class-cum-XIII Additional Metropolitan Magistrate, Nandigama in connection with F.I.R.No.786 of 2020 registered for the offences punishable under Sections 420 of IPC and 7 of Essential Commodities 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.558 of 2020 before the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class-cum-XIII Additional Metropolitan Magistrate, Nandigama seeking interim custody of the vehicle and it was dismissed vide order, dated 13.08.2020, holding that:-