CRLRC/904/2021 of Shaik Ahmad, Vs The State of Andhra Pradesh on 31 December 2021

ORDER:-

This Criminal Revision Case is filed aggrieved by the order dated 15.12.2021 passed in Crl.M.P.No.852 of 2021 in Crime No.167 of 2021 on the file of learned Judicial Magistrate of First Class, Prathipadu of East Godavari District.

2. The petitioner being the owner-cum-third party filed an application under Section 457 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) for return of property i.e. Eicher Van bearing No.TS 12 UC 9403. Initially, the said vehicle was seized in connection with Crime No.167 of 2021 of Kirlampudi Police Station, East Godavari District registered for the offences punishable under Sections 269 and 273 of the Indian Penal Code, 1860 (for short “I.P.C.”) and under Section 34(a) of the Andhra Pradesh Excise Act, 1968 (for short “A.P. Excise Act”). Questioning the said crime, the petitioners / accused therein filed Criminal Petition No.6319 of 2021 seeking quash of the F.I.R. The same was disposed of by this Court on 15.11.2021 quashing the F.I.R. for the offences punishable under Sections 269 and 273 of I.P.C., giving liberty to the Investigation Officer to proceed with the investigation against the petitioners for the offence punishable under Section 34(a) of the A.P. Excise Act.

3. In view of the said order passed in Criminal Petition No.6319 of 2021, the petitioner has filed the present application under Section 457 of Cr.P.C. for return of the property which was seized in connection with the said crime. Learned Judicial Magistrate of First Class, Prathipadu while considering the said application filed by the petitioner, has dismissed the same in view of the ratio decided by the composite High Court in P.Swarupa and Etc., vs. State of Andhra Pradesh and others[1] on 20.10.1995, wherein it was held as follows:- “…..when the Deputy Commissioner of Excise or the appellate authority is seized with the matter under this Act, no Court shall entertain any application in respect of excisable articles, any package covering, receptacle, any animal, vehicle or other conveyance used in carrying such articles as far as its release, confiscation is concerned and the jurisdiction of the Deputy Commissioner of Excise or the appellate authority with regard to the disposal of the same shall be exclusive.” authority is seized with the matter under this Act, no Court shall entertain any application in respect of excisable articles, any package covering, receptacle, any animal, vehicle or other conveyance used in carrying such articles as far as its release, confiscation is concerned and the jurisdiction of the Deputy Commissioner of Excise or the appellate authority with regard to the disposal of the same shall be exclusive.”

4. In the present case, though the offences punishable under Sections 269 and 273 of I.P.C. were quashed, but liberty is given to the Investigation Officer to proceed with investigation for the offence punishable under Section 34(a) of the A.P. Excise Act. In the said circumstances, instead of filing a petition for release of the vehicle for interim custody before the Deputy Commissioner of Excise by filing an application under the provisions of the A.P. Excise Act, the petitioner has filed application under Section 457 of Cr.P.C. and the Court below considering the judgment passed in P.Swarupa and Etc., vs.

State of Andhra Pradesh and others (referred supra), has rightly dismissed the application filed by the petitioner.

5. In view of the above, this Court is not inclined to entertain this petition. However, liberty is given to the petitioner to make an application invoking the provisions of the A.P. Excise Act.

6. Accordingly, this Criminal Revision Case is dismissed.

Miscellaneous petitions, if any pending, in this Criminal Revision Case, shall stand closed.

_____________________

JUSTICE D. RAMESH

Date: 31.12.2021

ARR

ARR

THE HON’BLE SRI JUSTICE D.RAMESH

CRIMINAL REVISION CASE No.904 of 2021Date: 31-12-2021