M BASHA Vs. STATE

JUDGEMENT

(1.) The order in Criminal M.P. No. 5530/1996 in Crime No. 260/1996 of P. S., Kachiguda, on the file of VI Metropolitan Magistrate, Hyderabad, dated 16-12-1996 refusing to return the car bearing No. KA-34. M. 19 belonging to the revision petitioner-owner under Section 451 of the Code of Criminal Procedure is challenged in this revision case.

(2.) The facts giving rise to this revision case in brief are that on 28-11-1996 at 3.30 p.m., S.I. of Police, Kachiguda organised frisking vehicles at Barkatpura 'X' Roads as there was credible information about the illegal transport of I.M.F. liquor bottles. At about 3.30 p.m., the car bearing No. KA-34. M. 19 was stopped and searched and it was found that 140 Bag Piper full bottles of whisky were concealed inside the head-lights and behind the back seat. It was also noticed that some modifications were made in the body so as to conceal whisky bottles and to transport the same. The car driver by name M. C. Munna, S/o Basha, r/o Bellary, Karnataka State and another person by name M. Ram Prasada Rao, s/o. late Nagoji Rao, r/o. Secunderabad, who were transporting the above I.M.F.L. bottles were arrested and the car as well as contraband liquor bottles were seized in the presence of panchayatdars under a panchanama.

(3.) On a report from the Inspector of Police, P. S. Kachiguda, a case in crime No. 260/1996 under Section 8(a) and (b) of A.P. Prohibition and Excise Act has been registered and investigated. The aforesaid accused persons have been sent up for judicial remand to VI Metropolitan Magistrate, Hyderabad.