CHALLA RAM BABU Vs. STATE OF A. P.

JUDGEMENT

(1.) The present criminal revision case is filed assailing the order dated 12.12.2020 in Crl.M.P.No.2165 of 2020 on the file of Additional Junior Civil Judge-cum-Additional Judicial Magistrate of First Class, Nandigama, wherein the petition filed by petitioner under Section 457 of Criminal Procedure Code, 1973 (for short "Cr.P.C") seeking interim custody of the vehicle i.e. Lorry bearing No.AP 20 Y 5499 is dismissed.

(2.) The brief facts of the case are that on 25.11.2020 at 5.00 a.m. Sub Inspector of Police, Nandigama Police Station along with his staff on receipt of credible information rushed to Ithavaram village and while they were conducting vehicle checking, found the accused were transporting PDS rice illegally without any valid licence. Police seized the vehicle and 250 bags of rice, in total 120 quintals and recorded confession of the accused. Basing on the same, crime was registered under Section 420 of IPC and Section 7 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.