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2020 DIGILAW 598 (AP)

Namala Kishore Babu v. State Of Andhra Pradesh

2020-09-09

K.SURESH REDDY

body2020
JUDGMENT K. Suresh Reddy, J. - This Criminal Petition is filed by the petitioner/Accused No.2 under section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioner, in FIR No.416 of 2020, dated 5.6.2020 on the file of Veerullapadu Police Station, Krishna District. The alleged offences against the petitioner are under sections 407 of Indian Penal Code, 1860 (for short 'IPC') and Section 7 of Essential Commodities Act,1955 (for short 'EC Act'). 2. Heard the counsel for the petitioner and the Additional Public Prosecutor appearing for the respondent / State. 3. A reading of the first information report discloses that on 5.6.2020 at about 5.00 pm., on information, Sub-Inspector of Police, Veerullapadu Police station along with his staff proceeded to Timmapuram 'X' Road of Veerullapadu, intersepted the Auto bearing No. AP 16 TE 1432 and apprehended the petitioner. On questioning the petitioner, he stated that he is eking his livelihood by running the said auto. He further stated that in order to earn more money, he used to purchase petrol and diesel from the Tankers clandestinely and sell at high rates in the surrounding villages. On the basis of the said confession and on the basis of mediators report, police registered the said crime against the petitioner and another and seized the Auto bearing No. AP 16 TE 1432. Aggrieved by the same, the petitioner filed the present petition seeking to quash the said proceedings. 4. Learned counsel for the petitioner submits that the petitioner never transported any petrol or diesel illegally without license and a false case has been foisted against him and he has not violated any provisions of the Essential Commodities Act, 1955. He further submits that the petitioner has filed Crl.M.P.497 of 2020 before the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class-cum-XIII Additional Metropolitan Magistrate, Nandigama, seeking interim custody of the said vehicle and the same was dismissed on 18.6.2020. It is also stated by him that in view of the pandemic COVID-19, the authorities have not initiated any proceedings under section 6 (c) of EC Act and the vehicle is kept idle for long time, it will be damaged and as such, the petitioner is deprived of his livelihood. 5. It is also stated by him that in view of the pandemic COVID-19, the authorities have not initiated any proceedings under section 6 (c) of EC Act and the vehicle is kept idle for long time, it will be damaged and as such, the petitioner is deprived of his livelihood. 5. On the other hand, the learned Additional Public Prosecutor opposed and stated that the vehicle was seized while illegally transporting petrol and diesel clandestinely and the investigation is still in progress and sought for dismissal. 6. Be that as it may, as the case is at the threshold, this Court is not inclined to go into the merits of the case at present. Therefore, police are at liberty to proceed with the investigation. The learned counsel for the petitioner restricts his prayer for a direction to the respondent to release the vehicle. 7. Having regard to the submissions of the learned counsel for the petitioner, this Court is of the considered view that if the said vehicle is kept idle, the petitioner is deprived of his livelihood. In such circumstances, the respondent is directed to release the Auto bearing No.AP 16 TE 1432 on condition of the petitioner furnishing a personal bond to the value of the said vehicle along with third party security. Further, the petitioner is directed not to alienate, create any third party rights or change the nature of the vehicle. He shall produce the vehicle as and when required by the concerned authority. With the above direction, the Criminal Petition is disposed of. As a sequel, the miscellaneous applications, if any pending, shall stand closed.