Telangana High Court
CRLP/13098/2013 of Pulakaram Mallesh Vs The State of A.P., on 30 December 2013
SRI JUSTICE C.PRAVEEN KUMAR Crl.P.No.13098/2013 ORAL ORDER: The present criminal petition is filed under Section 482 Cr.P.C., seeking release of auto bearing registration No. AP 24 Y 0092 seized in Cr.No.83/2013 of Chandur Police Station, Nalgonda District, registered for the offences
THE HON’BLE SRI JUSTICE C.PRAVEEN KUMARCrl.P.No.13098/2013
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ORAL ORDER:
The present criminal petition is filed under Section 482 Cr.P.C., seekingrelease of auto bearing registration No. AP 24 Y 0092 seized in Cr.No.83/2013 ofChandur Police Station, Nalgonda District, registered for the offences punishableunder section 171(e) IPC and section 34(a) of the A.P. Excise Act.
The allegations in the report would disclose that on 12-7-2013 atabout 10-10 PM, S.I. of Police, Chandur Police intercepted the vehicle bearing No.AP 24 Y 0092. On search, they found 3 sealed cartons/boxes of Aristocrat premiumquarter bottles, each box containing 48 bottles (total 144 bottles). Basing on thesearch and seizure, the above case came to be registered.
. Though the petitioner filed an application under section 451 Cr.P.C.,seeking interim custody of the seized vehicle, the same was returned by the learnedMagistrate on the ground that the said court has no jurisdiction to release thevehicle.
The petitioner submits that he is the owner of the vehicle and there isevery possibility of the vehicle getting damaged if the same is exposed to sun andrain. As the vehicle is the main source of his livelihood, the petitioner seeks releaseof the same.
On instructions, the learned Public Prosecutor though opposed thepetition but did not dispute the ownership of the vehicle. According to him, thevehicle is still lying in the regular police station.
In Sunderbhai Ambalal Desai V. State of Gujarat[[1]]the Hon'ble Apex Courthas held that in case of vehicles seized during investigation, they should not beallowed to deteriorate by being kept unused and unattended in the premises of thepolice stations. Therefore, the vehicle has to be entrusted to the interim custody ofthe owner subject to appropriate conditions.
In view of the judgment of the Apex Court referred to above, taking intoconsideration the fact that the vehicle is still lying in regular police station, it wouldbe appropriate to grant interim custody of the vehicle ie., auto bearing No.AP 24 Y0092 in favour of the petitioner on certain terms and conditions.
1) The petitioner shall execute a personal bond for Rs.1,00,000/- (Rs.
One lakhs only)with one surety for a like sum to the satisfaction of the SpecialJudicial First Class Magistrate (Prohibition and Excise) at Nalgonda.
(2) The petitioner shall produce the original RC of the vehicle before theconcerned court.
(3) The petitioner shall not sell, alienate, mortgage or alter the physicalfeatures of the vehicle.
(4) The petitioner shall give an undertaking to produce the vehicle asand when required by the Magistrate.
The Criminal petition is accordingly allowed. Miscellaneousapplications, if any, shall stand closed. However, this order shall not preclude theauthorities in proceeding against the petitioner in accordance with law.
Date: 30-12-2013kmr
-----------------------------------C. PRAVEEN KUMAR, J.
[1](2002) 10 SCC 283