ORUGANTI SESHACHALA VENKATESWARLU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is the owner of the vehicle bearing registration No. APO 884. His vehicle was seized by S.I. of Police, Mettapally while transporting black jaggery and other prohibited items under the A.P. Excise Act, 1968 (for short "the Act"). On such seizure, a case was registered in Cr. No. 43/2002 under S. 34(E) of the Act and FIR was dispatched to Judicial First Class Magistrate, Huzurnagar on 6-7-2002, whereas seized property along with vehicle was transferred to the Inspector of Prohibition and Excise, Huzurnagar on 24-7-2002. The petitioner filed an application for release of the vehicle before the Judicial First Class Magistrate, Huzurnagar under S. 457 of the Code of Criminal Procedure (for short "the Code"), but the same was dismissed by his order dt. 11-7-2002 holding as follows :

(2.) Learned counsel for the petitioner submits that the vehicle was produced before the Deputy Commissioner of Prohibition and Excise under S. 46 of the Act before whom confiscation proceedings were initiated and requests the Court to direct him to release the vehicle. Learned counsel failed to substantiate how the vehicle can be released by the Magistrate under S. 457 of the Code in the absence of producing vehicle before him except stating that the order passed by this Court in Crl. M.P. No. 6903/2002 cannot be flouted by the authorities.

(3.) On the other hand, learned Government pleader for Excise has failed to assist the Court as to who can pass an order for release of the vehicle, whereas this Court in exercise of inherent power under S. 482 ordered for release of vehicle pending Cr. M.P. No. 5055 of 2002 filed for quashing the order passed by the Judicial First Class Magistrate in Crl. M.P. No. 1499/2002 in Cr. No. 43/2002 dt. 11-7-2002.