PADAGALA RAMU Vs. STATE OF ANDHA PRADESH

JUDGEMENT

(1.) Challenging the order dtd. 25/9/2020 in Crl.M.P.No.26 of 2020 passed by the Special Judge constituted under Narcotic Drugs and Psychotropic Substances Act-cum-I Additional Sessions Judge, Guntur in connection with Crime No.247 of 2020 of Medikonduru Police Station, dismissing the petition filed by the petitioner herein under Sec. 457 Cr.P.C for grant of interim custody of his vehicle i.e. Ashok Leyland Dost bearing No.AP39 V 7089, this criminal revision case has been filed.

(2.) Heard Sri Raja Reddy Koneti, learned counsel for the petitioner and learned Public Prosecutor appearing on behalf of the respondent-State.

(3.) Learned counsel for the petitioner would submit that the Court below dismissed the application filed under Sec. 457 of Cr.P.C on the ground that the vehicle is likely to be confiscated to the State, if ultimately the case results in conviction. It is observed that the vehicle was used for transportation of Ganja and as the investigation is still pending, the petitioner is not entitled for interim custody of the vehicle during the pendency of the case. Learned counsel submits that the Court below has failed to exercise its jurisdiction under Sec. 457 of Cr.P.C and moreover, there is no dispute about the ownership of the vehicle and that the petitioner is not involved in the crime. Learned counsel submits that just because the investigation is pending, that cannot be a ground to refuse the petition filed under Sec. 457 of Cr.P.C.