Andhra Pradesh High Court
WP/21277/2019 of Uddagiri Ayyappa Vs The State of A. P., on 31 December 2019
SRI JUSTICE M. SATYANARAYANA MURTHY Writ Petition No.21277 of 2019 ORDER: 1. This writ petition under Article 226 of Constitution of India is filed, to declare the action of second respondent herein/Joint Collector, Krishna District in not passing an order, directing fourth respondent
THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHYWrit Petition No.21277 of 2019
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ORDER:
1. This writ petition under Article 226 of Constitution of India is filed, to declare the action of second respondent herein/Joint Collector, Krishna District in not passing an order, directing fourth respondent herein/Station House Officer, Chillakallu police station, Krishna District to release Ashok Leyland truck jeep bearing No.AP 16 TE 5552, seized in Crime No.322 of 2019, pursuant to the mediators report dated 04.11.2019, as illegal and arbitrary, consequently issue a direction to release the vehicle.
2. It is an undisputed fact that Ashok Leyland truck jeep bearing No.AP 16 TE 5552 belongs to the petitioner and the same was seized, while transporting PDS rice allegedly and a crime was registered in Crime No.322 of 2019 for the offence punishable under Section 420 of Indian Penal Code and Section 7 of essential commodities Act. Thus, the seizure is in connection with a crime.
3. During hearing, the learned Assistant Government Pleader for Home submitted that investigation in Crime No.322 of 2019 is completed and charge sheet is filed. The procedure to be followed by the petitioner for release of the vehicle, for interim custody is under Section 457 of Criminal Procedure Code (for short ‘Cr.P.C’), in case the vehicle is not produced before the Magistrate. Therefore, the respondents are directed to produce the vehicle before the Magistrate, within two days, from today and on production of the vehicle, the petitioner is entitled to file appropriate application, claiming interim custody of the vehicle, during pendency of investigation under Section 2 MSM, J
457 of Cr.P.C and on filing such application, the Magistrate is directed to dispose of the same, within one week thereafter.
3. With the above directions, the writ petition is disposed of. There shall be no order as to costs.
4. Consequently, miscellaneous petitions, pending if any, shall stand closed.
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JUSTICE M. SATYANARAYANA MURTHY
Dated 31.12.2019 Rvk