CRLP/13111/2013 of Ahamed Basha Vs The State of Andhra Pradesh on 31 December 2013

ORDER:

This criminal petition is filed by the petitioner underSection 482 read with 457 the Code of CriminalProcedure, 1973, seeking release of the vehicle bearingregistration No.AP-04-U-5416, seized in Crime No.99 of2013 of Badvel Rural Police Station, Kadapa District,which was registered for the offences punishable underSections 171 (E) IPC and Section 34 (A) of the AndhraPradesh Excise Act.

2. The allegations in the First Information Report woulddisclose that on 25.07.2013 at about 5.00 a.m., the SubInspector of Police along with his staff intercepted theabove vehicle, which was coming from Rachayapet. Onsearch, they found 6 card board boxes having with 180ml. liquor bottles. When questioned, one of the inmates ofthe vehicle informed that one of his brother is contesting inthe panchayat elections and the liquor bottles were beingtransported from Badvel for distributing them to thevoters. The liquor bottles seized appear to be duty paidliquor. Basing on the search and seizure, the above casecame to be registered.

3. Learned counsel for the petitioner submits that thepetitioner is the owner of the vehicle and he was notpresent in the vehicle at the time of alleged incident. It isfurther submitted that there is every likelihood of it gettingspoiled due to exposure to sun and air. In view of thesame, the petitioner seeks interim custody of the saidvehicle.

4. Learned Public Prosecutor though opposed thepetition, did not dispute the petitioner’s ownership of thevehicle.

5. I n Sunderbhai Ambalal Desai V. State ofGujarat[[1]]the Hon'ble Apex Court has held that in case ofvehicles seized during investigation, they should not be allowed to deteriorate by being kept unused andunattended in the premises of the police stations. Thevehicle has to be entrusted to the interim custody of theowner subject to certain terms and conditions.

6. Taking into consideration the facts andcircumstances of the case and having regard to theprinciples of law laid down by the Apex Court in thedecision stated supra, and since no useful purpose wouldbe served in detaining the vehicle in the police station, thisCourt is of the opinion that it would be appropriate to orderinterim custody of the vehicle i.e. Commander 650DIbearing No.AP 04 U 5416 in favour of the petitioner oncertain terms and conditions:

i)The petitioner shall execute a personalbond for Rs.2,00,000/- (Rupees two lakhsonly) with one surety for the like sum to thesatisfaction of the Station House Officer,Badvel Rural Police Station, Kadapa District. bond for Rs.2,00,000/- (Rupees two lakhsonly) with one surety for the like sum to thesatisfaction of the Station House Officer,Badvel Rural Police Station, Kadapa District.

ii)The petitioner shall produce the originalRegistration Certificate of the vehicle in theCourt.Registration Certificate of the vehicle in theCourt.

iii)The petitioner shall give an undertakingnot to alienate, encumber or alter thephysical features of the above said vehicle; andnot to alienate, encumber or alter thephysical features of the above said vehicle; and

iv)The petitioner shall produce the vehicleas and when required by the Court.as and when required by the Court.

7. Accordingly, the Criminal Petition is allowed. It is made clear that the order shall not come in the way of theauthorities to proceeding further in accordance with law.

8. As a sequel, Miscellaneous Petitions, if any,pending in this Criminal Petition shall stand closed.

31[st] December 2013.

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C. PRAVEEN KUMAR, J

mar

[1](2002) 10 SCC 283