Ragalla Seethaiah, v. The State Of Telangana ,

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION NO.883 of 2015 ORDER:

Heard both sides.

As seen from the record the offence alleged in this case is under Section 34(e) of A.P. Excise Act, 1968. The grievance of the petitioner is that he is the registered owner of the vehicle i.e., Bajaz Auto bearing registration No.AP 20 TB 2104 and the police have seized the vehicle and kept in the premises of Prohibition and Excise Police Station, Khammam and it is subjected to speedy and natural decay and the learned Special Judicial Magistrate of First Class, Prohibition and Excise Court, Khammam dismissed his petition in Crl.M.P.No.3936 of 2014 in C.O.R.No.876 of 2014-15 dated 03.01.2015 on an erroneous ground that he has no jurisdiction to entertain the petition.

Having regard to the fact that the offence alleged is under Section 34(e) of A.P. Excise Act, the Deputy Commissioner of Prohibition and Excise is the competent authority to pass an order for confiscation/release and interim custody etc., under Section 46E of Excise Act. Therefore, the petitioner is directed to file petition seeking interim custody of the property seized and the Deputy Commissioner of Prohibition and Excise shall pass an order on merits thereon within one week from the date of filing of the petition before him.

The Criminal Petition is accordingly dismissed. As a sequel, miscellaneous petitions, if any, pending shall stand closed.

________________________ U.DURGA PRASAD RAO,J 24-02-2015 Murthy