CHANDRA RAJESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present criminal revision case is filed assailing the order dated 11.08.2020 in Crl.M.P.No.220 of 2020 on the file of Principal Junior Civil Judge-cum- Judicial Magistrate of First Class, Jaggaiahpet, wherein the petition filed by petitioner herein under Section 457 of Criminal Procedure Code, 1973 (for short "Cr.P.C") seeking interim custody of the vehicle i.e. Auto bearing No.AP 26 TL 0721 is dismissed.

(2.) The brief facts of the case are that on 30.07.2020 at 4.00 p.m. on credible information, while the police were conducting vehicle checking at the cross road of Mundlapadu village, they found the accused were transporting PDS rice illegally without any valid licence. Police seized the vehicle and 23 bags of rice, in total 6 quintals and recorded confession of the accused. Basing on the same, crime was registered under Section 420 of IPC and Section 7 (1) of Essential Commodities Act, 1955 (for short " EC Act ").

(3.) This petition is filed on behalf of the registered owner of the vehicle stating that he is entitled for custody of the same. The Court below has dismissed the petition on the ground that in view of the bar under the EC Act, the Court has no jurisdiction.