Accused sought interim custody of his Tata Nano car seized by police in an NDPS offence. Noting he had not first applied to the trial court under Sections 451/457 CrPC, the High Court disposed of the petition with liberty to approach the concerned Special Court for release of the vehicle.
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i.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THURSDAY, THE NINETEENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE SRI JUSTICE B V L N CHAKRAVARTHI
CRIMINAL PETITION NO: 6048 OF 2024
Between:
Muttha Chakram, S/o Satyanarayana, Age 45 years, Driver, Neelamthota, Diwancheruvu, Rajanagaram Mandal, East Godavari District, Andhra Pradesh
...Petitioner/Accused
AND
...Respondent/Complainants
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to the proceedings in Cr. No. 36 of 2024 of Ramapachodavaram Police Station on the file of the Judicial First Class Magistrate Rampachodavaram, East Godavari District and quash the same.
LA. NO: 1 OF 2024
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to allow this petition and grant interi custody of the vehicle bearing No. AP31 CS7827 vide Engine No. 273 MPF 112 CVYKO 4645, Chassis No. MAT612279EKB04738 to the petitioner / owner of the vehicle, in the interest of justice, otherwise the petitioner will suffer irreparable loss and hardship. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SAMBHU PRASAD PEDIREDDI, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No. 2.
The Court made the following:
APHC010361732024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3368] (Special Original Jurisdiction)
THURSDAY ,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 6048/9074
Between: Muttha Chakram
...PETITIONER/ACCUSED
AND
State and Others Counsel for the Petitioner/accused:
...RESPONDENT/COMPLAINANT(S)
1.SAMBHU PRASAD PEDIREDDI
Counsel for the Respondent/complainant(S):
1.PUBLIC PROSECUTOR
The Court made the following: ORDER:
This Criminal Petition is filed by the petitioner/Accused, under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (old Section 482 of Code of Criminal Procedure, 1973), to grant interim custody of the Tata Nano Car bearing No. AP 31 CS 7827 vide Engine No.273 MPF 112 CVYKO 4645, Chasis NO.MAT612279EKB04738 to the petitioner/owner of the vehicle.
2
Prasad Peddireddi, learned counsel for 2. Heard Sri Sambhu Assistant Public Prosecutor and learned the petitioner representing respondent No.1/State. is that his vehicle was 3. The grievance of the petitioner is seized by the respondent/police ini connection with an offence under Section 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and 1985 (for short ‘the NDPS Act’) and Psychotropic Substances Act, is the owner of the petitioner is the accused and he claims that he the vehicle.
did not file any petition before the trial Court 4. Apparently, he 457 of Code of Criminal Procedure, either under Section 451 or 1973 and directly approached this Court, 5. In that view of the matter, this Court is of the opinion that be disposed at the stage of admission, the criminal petition can to file appropriate application before with a liberty to the petitioner concerned Special Court for release of vehicle. 6. Accordingly, the Criminal Petition is disposed of with an observation that the petitioner is at liberty to approach the law for release of vehicle. concerned Special Court as per
3
As a sequel thereto, the miscellaneous petitions, ifany,
pending in this Criminal Petition, shall stand closed.
SD/- P. VINOD KUMAR assistant registrar
\
To,
//true copy/;
/^ SECTION OFFICER
, East Godavari Magistrate-.Rampachodavaram 1. The Judicial First Class
nm
HIGH COURT DATED:19/09/2024
ORDER
CRLP.No.6048 of 2024
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g 01 OCT 202“!
^ . Current Section ^
DISPOSING OF THIS CRLP
1 issue framed by the court
Whether the High Court should grant interim custody of the petitioner's seized vehicle directly under its inherent jurisdiction without an application before the trial court.
4 provisions across 3 enactments
Muttha Chakram
The State, Rep. by Public Prosecutor, High Court of Andhra Pradesh
S. Satya Sai
B V L N Chakravarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
