APHC010188442026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 2793/2026 Between: SHAIK BARKATHULLA BASHA, S/O LATE SHAIK BASHA,AGED ABOUT 48 YEARS, OCC BUSINESS,R/O, D.NO.23/33, MOHAMMAD PURA STREET,KOTTAPALLI, RAYACHOTI MANDAL, KADAPA DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. THE SUB DIVISIONAL FOREST OFFICER, MADANAPALLI ANNAMAYYA DISTRICT. 3. THE INSPECTOR OF POLICERSASTF RED SANDERS ANTI SMUGGLING TASK FORCE, RSASTF RED SANDERS ANTI SMUGGLINGTASK FORCE POLICE STATION, TIRUPATI, TIRUPATI DISTRICT. 4. THE AUTHORISED OFFICER CUM DISTRICT FOREST OFFICER, THIRUPATHI/ RAJAMPET, ANNAMAYYA DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: S PARINEETA Counsel for the Respondent/complainant(S): 2 Dr. YLR, J Crl.P.No.2793 of 2026 Dated 09.04.2026 PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) seeking a direction to the 4th respondent to grant interim custody of the Innova Car bearing No.AP31 BD 8888 TOYOTA Innova to the petitioner/Owner of the vehicle which was seized in respect of Crime No.45 of 2025 on the file of Red Sanders Anti Smuggling Task Force (RSASTF) Police Station, Tirupati, Tirupati District. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. 3. Ms.S.Parineeta, the learned counsel for the petitioner, relied upon the order of a learned Single Judge of this Court in Crl.P.No.5470 of 2023, wherein a vehicle involved in an offence under the Essential Commodities Act was released for interim custody, and also on the order in Crl.P.No.10224 of 2025, wherein a vehicle involved in a forest offence was released for interim custody. However, in the present case, since the confiscation proceedings are pending before the competent authority and the vehicle has not been produced before the jurisdictional Magistrate or 3 Dr. YLR, J Crl.P.No.2793 of 2026 Dated 09.04.2026 the Special Court concerned, appropriate orders, at the first instance, have to be passed by the Authorized Officer under ‘the Act’. 4. Mr. Rohit, the learned Assistant Public Prosecutor, submits that the confiscation proceedings are pending before the appropriate authority under Section 44(2-A) of the Andhra Pradesh Forest Act (for brevity, ‘the Act’). The vehicle is allegedly involved in a forest offence punishable under Sections 303(2) read with 3(5), 49, and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’), and Sections 20(I)(d)(i)(a) read with 20(I)(c)(ii), (iii), (iv), and (x), 36(a) read with 32A, and 29(4)(a)(i) of ‘the Act’. It is further submitted that an effective remedy is available to the petitioner before the competent authority under ‘the Act’, even for interim release of the vehicle. 5. The Division Bench of this Court, in Divisional Forest Officer, Warangal v. District Sessions Judge, Warangal1, at paragraph No. 9, observed that the Sessions Judge has no power to order release of the lorry or forest produce seized under Section 44(2-A) when they are produced before the Authorized Officer and not before a Magistrate. 6. The Hon’ble Apex Court, in Divisional Forest Officer v. G.V. Sudhakar Rao2, at paragraph No. 11, held that the provisions of Sections 452 and 457 of ‘the Cr.P.C.,’ are not applicable where confiscation 11985 (1) ALT 12 2(1985) 4 SCC 573 4 Dr. YLR, J Crl.P.No.2793 of 2026 Dated 09.04.2026 proceedings are initiated under the Forest Act or any other special legislation. 7. Further, the High Court, while exercising jurisdiction under Section 482 of ‘the Cr.P.C.,’ cannot stay the proceedings under Section 44(2-A) of ‘the Act’ merely on the ground of subsequent initiation of prosecution under Section 45 of ‘the Act’. 8. Considering the entire facts and circumstances of the case, the Criminal Petition is disposed of granting liberty to the petitioner to approach the competent authority for release of the vehicle on a temporary basis. The said authority shall pass appropriate orders on such application within a period of one week from the date of its filing. The petitioner shall approach the competent authority within one week from the date of receipt of the copy of this order. 9. In the result, the Criminal Petition is disposed of. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 09.04.2026 RSI 5 Dr. YLR, J Crl.P.No.2793 of 2026 Dated 09.04.2026 170 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.2793 of 2026 Date:09.04.2026 RSI