THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.1768 OF 2010 ORDER: 1 Petitioner is a travel agent and he owns a vehicle – Ambassador Car bearing No.AP 37 U 9026. He hired the said vehicle by the accused in Cr.No.110 of 2010 and the Sub Inspector of Police, Arundelpet L & O P.S. intercepted the said vehicle and found the accused persons carrying on spurious cotton seeds in the said car. On the basis of the above, the police registered a case in Cr.No.110 of 2010 for the offences punishable under section 420 of IPC and also under Sections 3 and 7 of Essential Commodities Act and under section 7 of the Seeds Act, 1968 and seized the entire spurious cotton seeds and also the vehicle. Thereafter the matter was reported to the Collector for initiation of proceedings under section 6 A of the Essential Commodities Act. As the petitioner has nothing to do with the said offences, and inasmuch as he is the owner of the said vehicle he approached the court of IV Additional Munsif Magistrate, Guntur where the remand report was filed with regard to the accused therein seeking release of the said vehicle. However, the learned Magistrate refused to entertain the said application stating that the petitioner has to approach the Collector for appropriate orders. The said docket order is under challenge in this revision. 2 The learned counsel for the petitioner submitted that as the matter is reported to the Magistrate and the accused therein were also produced before the learned Magistrate and a remand report was also filed before the said Magistrate, the learned Magistrate is ceased of the matter and he has power to order interim custody of the said vehicle as provided for under section 451 of Cr.P.C. In this context he has drawn my attention to the judgment passed by a learned Judge of this court in Criminal Revision Case no.1005 of 2010 dated 19.05.2010. 3 Having perused the said judgment and the material on record, this court is of the view that the Magistrate can exercise his power conferred on him under section 451 of Cr.P.C. and order interim custody of the said vehicle. It is not as though the offence registered against the accused is only under the provisions of the Essential Commodities Act and the relevant control order. The said crime has been registered for the offence punishable under section 420 of IPC also and the said offence is exclusively triable by the Magistrate, but not by the Collector who is competent to hold an enquiry under section 6 A of the Essential Commodities Act. When once a application of this nature is filed, in my considered view, the Magistrate should have ordered release of the vehicle by imposing certain conditions. 4 Accordingly, this revision is allowed, the Ambassador Car bearing No.AP 37 U 9026 shall be released in favour of the petitioner on condition of his executing a personal bond for a sum of Rs.25,000/- with two sureties for the like sum each to the satisfaction of the learned IV Additional Munsif Magistrate, Guntur and on further condition that the petitioner shall not alienate the same in favour of third parties and shall not alter the nature of the vehicle during the pendency of the said case. The petitioner shall also produce the said vehicle before the court below as and when required. -------------- 04.10.2010 Kvsn