Nama Murali Krishna v. The State Of Telangana

THE HON'BLE SRI JUSTI CE M.S.K.JAI SWAL CRI MI NAL PETI TI ON No.14251 of 2016 ORDER:

The criminal petition is filed under Section 482 r/w.457 Cr.P.C. to direct the concerned authority to release the vehicle i.e., Hero Honda Splendor Plus, bearing registration No.AP 22-S-3588, which was seized in connection with COR.No.94/2016 of Prohibition & Excise Station, Kalwakurthy, registered for the offences punishable under Sections 34 (e) of A.P.Excise Act, 1968.

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor, representing the State. The petitioner sought for return of the vehicle for interim custody through Crl.MP.No.2450/2016 and the same was disposed of vide orders dated 09.09.2016 directing the petitioner to approach proper authority. The Apex Court in State (NCT of Delhi) v. Narender1 held that the Magistrate or High Court could not have passed orders for release of the property seized in connection with prohibition and excise offences, and the Deputy Commissioner of Prohibition & Excise concerned is the exclusive Authority and has power to deal with all the aspects relating to confiscation of the property seized in relation to prohibition and excise offences. Therefore, the appropriate authority to order release of the vehicle is the Deputy Commissioner of Excise. The petitioner claims to be owner of the offending vehicle and hence it is appropriate to return the vehicle to the petitioner for interim custody, as the non-user of the vehicle is likely to spoil the vehicle.

1 (2014) 13 SCC 100

MSKJ,J Crl.P.14251 of 2016 In that view of the matter, the petitioner is directed to file appropriate application before the appropriate authority for release of the vehicle within a period of 15 days from today and on filing such application, the concerned authority shall dispose of the same within one week therefrom, in accordance with law.

The Criminal Petition is accordingly disposed of. Pending miscellaneous applications, if any, shall stand closed in consequence.

__________________ M.S.K.JAI SWAL,J Date: 28.09.2016 Dsr Note:

Furnish copy tomorrow B/o Dsr