PERICHERLA KANCHNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Challenging the order dated 16.12.2020 in Crl.M.P.No.209 of 2020 on the file of Metropolitan Sessions Judge-cum-I Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam in connection with Crime No.424 of 2020 of Arilova Police Station, Visakhapatnam City, dismissing the petition filed by the petitioner herein under Section 457 of Criminal Procedure Code, 1973 (for short "Cr.P.C") for grant of interim custody of his vehicle i.e. Active 5G motorcycle bearing Registration No.AP 39 AQ 2428, this criminal revision case under Section 397 & 401 of Cr.P.C. has been filed.

(2.) Heard Sri G.Venkata Reddy Kumar, learned counsel for the petitioner and the learned Additional 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 Section 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 has further 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 Section 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 Section 457 of Cr.P.C.