HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.7738 and 7748 OF 2010 Dated : 20.08.2010 Between : D.Veerabhadra Nookala Rao & another … Petitioners A n d The State of A.P. & others … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.7738 and 7748 OF 2010 COMMON ORDER: These Criminal Petitions under Section 482 of the Code of Criminal Procedure are filed by the respective petitioners seeking directions for release of oil tanker and oil respectively seized in Crime No.220 of 2009 by the Mogaltur Police Station, West Godavari District. Heard. The respondent-Police seized oil tanker bearing No.AP 16TT 6069 along with oil in connection with Crime No.220 of 2009 for the offence under Section 7 (1) (a) (2) of Essential Commodities Act. The present petitioners also approached the Additional Judicial First Class Magistrate, Narsapur, in Crl.P.Nos.1719 and 1720 of 2010 seeking the very same relief sought for in the present Criminal Petitions and the same were dismissed by the learned Magistrate holding that the Court has no power to grant the relief sought for by invoking the provisions of Section 457 Cr.P.C. since the District Collector is vested with such powers. Learned counsel for the petitioners submitted that seizure of properties in this Crime was not informed to the officers concerned. The learned Additional Public Prosecutor submitted that in view of the provisions of Section 6-A of the Essential Commodities Act, the power to grant custody of the properties is vested with the Joint Collector and if there is any refusal by the Joint Collector, an appeal can be filed. In view of the rival submissions, this Court is of the view that necessary directions can be given in this matter. Accordingly, the respondent-Police are directed to inform the seizure of oil tanker along with oil to the officer concerned within a period of ten days from the date of receipt of a copy of this order. On such information and on filing applications by the petitioners, the Joint Collector, who is an authorized authority to dispose of the properties seized under Essential Commodities Act, shall pass orders within a period of fifteen days from the date of filing such applications. With above observations, the Criminal Petitions are disposed of. Miscellaneous Petitions filed in the Criminal Petition shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 20.08.2010 Note : Issue C.C. by 25.08.2010 B/o. sur