Andhra Pradesh High Court - Amravati
M/S S.S.Trading Co. vs The State Of Andhra Pradesh on 2 February, 2022
Author: D.Ramesh
Bench: D.Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL REVISION CASE No.55 of 2022
ORDER:-
This Criminal Revision Case is filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') aggrieved by the order dated 06.01.2022 passed in Crl.M.P.No.1607/2021 in Crime No.1102/2021 of Chillakallu Police Station on the file of the Additional Judicial First Class Magistrate- cum-Additional Junior Civil Judge, Jaggayyapet.
2. The case of the petitioner is that the court of Additional Judicial First Class Magistrate-cum-Additional Junior Civil Judge, Jaggayyapet has rejected the petition filed by the petitioner under section 452 of Cr.P.C. for interim custody of 90 gunny plastic bags of khaini in total 15,120 khaini packets to the petitioner as follows:
"As per the Sec.46(E) of the A.P.Excise Act, 1995, the Deputy Commissioner, Prohibition and Excise is the competent authority to dispose-off the property recovered in the A.P.Prohibition Act cases,. Hence, after considering the arguments of learned Assistant Public Prosecutor and other material available on record, I opined that this Court has no authority to pass orders to release the property. Hence, this petition is liable for dismissal".
3. Learned counsel for the petitioner has submitted that the Chillakallu police have registered a crime against the petitioner in Cr.No.1102/2021 under sections 269, 270, 273 IPC sec.6(B) r/w 24(1) of COTPA Act, sec.34(a) of A.P.Excise Act. Accordingly, they have seized the products like gutkha, khaini from the petitioner. For the release of the said stock, the petitioner has filed a petition under section 452 of Cr.P.C and the same was rejected by the Court below directing the petitioner to approach and file an application before the Deputy Commissioner, Prohibition and Excise Cases. 2
4. The contention of the petitioner is that, police have seized the stock and the same are with the Chillakallu police.
5. On instructions, learned Assistant Public Prosecutor has submitted that as far as vehicle is concerned proceedings are initiated, but as far as the stock of the tobacco products i.e. gutkha and khaini are with the Chillakallu police.
6. Considering the said submissions of both sides, the Station House Officer, Chillakallu police station is directed to release the stock i.e. khaini and gutkha which were seized in Cr.No.1102/2021, to the petitioner herein, by accepting the collateral security to the value of the produce.
7. Accordingly the Criminal Revision Case is disposed of.
As a sequel, all the pending miscellaneous applications are closed.
______________________ JUSTICE D.RAMESH Date : 02.02.2022 RD 3 THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL REVISION CASE No.55 of 2022 .02.2022 RD