Modugu Balakrishna v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION NO. 459 of 2015 ORDER:

Upon hearing the learned counsel for petitioner, at the admission stage, the petition is ordered as follows:

It is seen that the offence alleged in this case is under Section 7 (a) read with 8 (e) of A.P. Prohibition Act, 1995. The grievance of the petitioner is that he is the registered owner of Yamaha Black and Grey Colour motor cycle bearing No. AP 16 VLTR 5414 and the police have seized the vehicle and kept in the premises of Tiruvuru Excise Police Station, Krishna District and it is subjected to speedy and natural decay and the learned Judicial Magistrate of First Class, Tiruvur, dismissed his petition in Crl.M.P.No.100 of 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 7 (a) read with 8 (e) of A.P. Prohibition Act, 1995 and as per Sections 13E and 14 of Andhra Pradesh Prohibition Act, 1995, the Deputy Commissioner of Prohibition and Excise is the competent authority to pass an order for confiscation /release and interim custody etc., the petitioner is directed to file a 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.

As a sequel, miscellaneous petitions, if any, pending shall stand closed.

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U.DURGA PRASAD RAO,J 09-02-2015 eha THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO

CRL.P. No. 459 of 2015 Dt. 09.02.2015 eha