Andhra Pradesh High Court - Amravati
Ganta Savitri vs The State Of Andhra Pradesh on 24 June, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.6224 OF 2021
ORDER:-
This Writ Petition under Article 226 of the Constitution of India is filed seeking declaration that the action of the respondents in seizing the vehicles in question without following the due process of law as arbitrary and illegal and sought direction to the 3rd respondent to grant interim custody of the said vehicles to the petitioners.
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home.
The record reveals that a case in Crime No.136 of 2020 was registered by Markapur Rural Police for the offences punishable under Section 379 IPC, 21(2) MMDAR Act and under Section 3 of the PDPP Act. It appears that in connection with the said crime, police have seized the vehicles i.e., Tractor Reg No. AP 39 TM 9003 and trailer Reg. No. AP 39 TK 9968 of the 1st petitioner; Tractor Reg No. AP 27 UWTR 2842 of the 2nd petitioner; and trailer Reg. No. AP 27 AK 3412 of the 3rd petitioner. Therefore, the petitioners are before this Court by way of filing this Writ Petition seeking declaration that the said seizure is not valid as the prescribed procedure in seizure of the vehicles is not followed and incidentally sought for direction to give interim custody of the said vehicles to the petitioners. 2
In essence, the petitioners are seeking interim custody of the vehicles that were seized by the Investigating Officer in Crime No.136 of 2020. In this regard, it is relevant to note that Section 451 Cr.P.C is the relevant provision, which deals with interim custody of the property during pendency of trial. Section 457 Cr.P.C is also relevant in this context to consider. As per Section 451 Cr.P.C, when a property is produced before any Criminal Court during inquiry or trial, the said Court is empowered to order for custody of such property during the pendency of the inquiry or trial. Section 457 Cr.P.C says that whenever seizure of property by any Police Officer is reported to a Magistrate under the provisions of this Code and if such property is not produced before the Criminal Court during the inquiry or trial, then also the Magistrate is empowered to pass an order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof.
Therefore, it is clear that when a crime is registered and any property is seized in the said crime and if the said property is produced before the concerned Court, the concerned Court is empowered under Section 451 Cr.P.C to order for interim custody of the said property during the pendency of inquiry or trial. If the said property is not produced before the Court and it is still in the custody of the police, then also the Magistrate is empowered to order for custody of the property under Section 457 Cr.P.C. Therefore, the petitioners have got efficacious remedy to seek interim custody of the 3 said property by approaching the trial Court either under Section 451 Cr.P.C if the property is produced before the Court or under Section 457 Cr.P.C if the property is still in the custody of the police. The petitioners without approaching the trial Court and without exhausting the said remedy provided under Sections 451 or 457 Cr.P.C, as the case may be, whichever is applicable, has directly invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. In view of the fact that efficacious remedy is available to the petitioners to seek interim custody of the said property under the aforesaid provisions of law, this Court is of the considered view that this Writ Petition is not maintainable.
Therefore, the Writ Petition is dismissed. However, the petitioners are liberty to approach the trial Court either under Section 451 Cr.P.C or 457 Cr.P.C, whichever is applicable in the facts and circumstances of the case, to seek interim custody of the said vehicles. If any such application is filed by the petitioners seeking interim custody of the vehicles before the trial Court, the concerned Court has to dispose of the said petition after hearing the prosecution within one week from the date of filing of the said petition. No costs.
Miscellaneous Petitions, if any pending, in this Writ Petition, shall stand closed.
_______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY 4 Date: 24-06-2021 AKN 5 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.6224 OF 2021 Date: 24-06-2021 AKN