DALAY RAMU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Challenging the order dtd. 2/11/2020 in Crl.M.P.No.160 of 2020 by the Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam in connection with Crime No.43 of 2020 of Prohibition and Excise Station, Paderu, Visakhapatnam dismissing the petition filed by the revision petitioner herein under Sec. 457 Cr.P.C for grant of interim custody of his vehicle, this criminal revision case has been filed.

(2.) Heard Smt. M.Vinodin Ruth, learned counsel for the petitioner and learned Public Prosecutor appearing on behalf of respondent-State.

(3.) The learned counsel for the petitioner submits that the revision petitioner filed an application before the Court below under Sec. 457 of Cr.P.C for grant of interim custody of his commander jeep bearing No.AP 31 TV 8022 vide Crl.M.P.No.160 of 2020 and the same was dismissed by the Court below by observing that it was not the case of the petitioner that the vehicle was subjected to commission of theft and opined that the petitioner is aware of using the said vehicle by the accused for transportation of ganja. Further it was also observed that as per Sec. 54-A a presumption would be made about possession of the articles unless contrary is proved and as per Sec. 60 of the NDPS Act the vehicle involved in transportation of ganja shall be confiscated to the state if the offence is proved. Learned counsel for the petitioner submits that the petitioner is nothing to do with the alleged offence and this Court has granted interim custody of the vehicles in some cases which stand on similar footing. Hence, this petition may be allowed.