K SASI KUMAR Vs. STATE OF A P

JUDGEMENT

(1.) THE petitioner/owner of the vehicle seeks direction to the S.H.O, Prohibition and Excise Station, Karvetinagaram, Chittoor District to release Bajaj Pulsar motorcycle bearing No.AP 03 AW 9121 seized in Crime No.619/2013 -14 of the said P.S.

(2.) A ) The Prohibition and Excise Inspector, Karvetinagaram P.S, Chittoor District laid charge -sheet against A.1 to A.3 under Section 7 -A r/w 8(e) of A.P. Prohibition Act, 1995 in Crime No.619/13 -14 alleging that on 03.03.2014 at about 5:00pm, the excise officials found A.1 coming on Bajaj Pulsar motorcycle bearing No.AP 03 AW 9121 with one urea bag on petrol tank near Basivireddipalli cross on Puttur -Chittoor bus road and on suspicion they intercepted him and on verification, they found the urea bag containing 50 ID liquor sachets of each 100 ml and on enquiry he revealed that A.3 supplied those sachets and he was carrying them to supply to A.2. A.1 further stated that the vehicle belongs to the friend of his brother. On that the excise officials seized the I.D liquor, vehicle and arrested the accused and after completion of investigation laid charge -sheet against them. The seized property was deposited before the Deputy Commissioner of Prohibition and Excise for confiscation. b) Then the present petitioner claiming himself as owner of the Bajaj pulsar motorcycle filed petition unnumbered Crl.M.P.No._____of 2014 under Section 451 Cr.P.C. before Additional Judicial First Class Magistrate, Puttur seeking interim custody of the vehicle. The said Court returned petition with the endorsement that the property was not produced before it and hence, the petition is not maintainable. Hence the present petition.

(3.) HEARD .