Judgment · High Court

The State of A.P., through its Public Prosecutor, High Court of A.P., Hyderabad. …Petitioner …Respondent HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.11014 OF 2010 ORDER: This petition is filed under Section 482 Cr.P.C assailing the order dated 21-09-2010 in Crl.M.P.No.3336 of 2010 in Cr.No.141 of 2010 of Chilakaluripet Town Police Station, wherein the learned Additional Junior Civil Judge, Chilakuripet, dismissed the said application filed by the petitioner under Sections 451 and 457 Cr.P.C for return of the lorry.

#2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent- State. Perused the record.

#3. The petitioner is third party and is stated to be the owner of lorry bearing No.AP 27 X 3194, which is seized by the Chilakaluripet Town Police in connection with investigation in Cr.No.141 of 2010, a crime registered against four accused for the offence under Section 7 of the Essential Commodities Act. It is alleged that the lorry was used by the accused for illegal diversion of rice for public distribution. According prosecution, on the early hours of 06-08-2010, A-1 and A-2 loaded 28 rice bags meant for public distribution system in the said lorry and were waiting for A-3 to bring the cash and on receiving the information, the Sub-Inspector of Police reached the spot and apprehended A-1 and A-2 and seized the lorry. A-1 and A-2 were produced before the learned Magistrate and they were remanded judicial custody and were released on bail. The petitioner filed Crl.M.P.No.3336 of 2010 seeking return of lorry for interim custody. The learned Magistrate dismissed the said application on the ground that he had no jurisdiction in view of Section 6-E of the Essential Commodities Act.

#4. The learned counsel for the petitioner would submit that the lorry is neither produced before the Court nor before the Joint Collector and no proceedings are also initiated before the Joint Collector under the provisions of the Essential Commodities Act and the lorry is getting damaged on account of its exposure to sun and rain on the premises of the police station.

#5. In the circumstances, it is considered that in order to avoid further damage and deterioration, the vehicle can returned petitioner proper acknowledgement and subject to proof of his ownership and on his executing a bond for Rs.1 lakh with one surety in a like sum to the satisfaction of the learned Additional Junior Civil Judge, Chilakaluripet, subject to condition that the petitioner shall produce the vehicle before the Court as and when required in the same shape, condition and colour and shall not effect any alterations or alienation.

#6. The criminal petition is ordered accordingly. _____________________ G.V.SEETHAPATHY, J 30th November, 2010 Note: CC in two days B/o Lrkm.