HON’BLE SRI JUSTICE B. SESHASAYANA REDDY Crl.R.C.No. 1553 of 2009 O R D E R: This Revision is directed against the order dated 28.07.2009 passed in Crl.M.P.No. 2084 of 2009 in Crime No. 115 of 2009 on the file of the Judicial Magistrate of I Class (Prohibition & Excise Cases) at Khammam, whereby and whereunder the learned Magistrate dismissed the Application filed by the petitioner under Section 457 of the Code of Criminal Procedure. When the Revision came up for admission, with the consent of counsel appearing for the parties, it is taken up for final disposal. Learned counsel appearing for the petitioner submits that the vehicle seized by the Excise officials, if it is kept in their custody, there is every likelihood of its utility being diminished and, therefore, the petitioner being the registered owner of the vehicle, deserves for release of the vehicle for interim custody. Learned Additional Public Prosecutor, on instructions, submits that notice has been issued to the petitioner by the Deputy Commissioner, Prohibition & Excise, Khammam on 21.05.2009, proposing confiscation of the vehicle. The factual aspect of notice being issued to the petitioner by the Commissioner, Prohibition & Excise, Khammam District on 21.05.2009 is not seriously contradicted by the learned counsel appearing for the petitioner. There is no material on record to show that seizure of the vehicle has been reported to the Judicial Magistrate of I Class, Prohibition & Excise, Khammam. Since the competent authority has already issued notice to the petitioner with regard to the confiscation of the vehicle, the petitioner is at liberty to submit his explanation to the show cause notice and invite order thereon. It is not a fit case to interfere with the order impugned in the Revision, more particularly, in view of the issuance of show cause notice by the Commissioner of Prohibition and Excise, Khammam District with regard to the confiscation of the seized vehicle. Accordingly, this Criminal Revision Case is dismissed. ------------------------------------ (B. SESHASAYANA REDDY, J) 7th October 2009 ksld