Telangana High Court
CRLP/13469/2010 of G.Ramana , Vs The State of Andhra Pradesh, on 31 December 2010
SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.13469 of 2010 ORDER: This Criminal Petition is filed under Section 482 read with Section 451 Cr.P.C. for return of auto bearing No.AP-20-Y- 4482, which was seized in connection with Crime No.293 of 2010-11 on the file of the Station
THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADACRIMINAL PETITION No.13469 of 2010
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ORDER:
This Criminal Petition is filed under Section 482 read withSection 451 Cr.P.C. for return of auto bearing No.AP-20-Y-4482, which was seized in connection with Crime No.293 of2010-11 on the file of the Station House Officer, Prohibition andExcise, Bhadrachalam, Khammam District.
Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State.
The petitioner is the owner of the said vehicle. The saidauto was seized on the ground that I.D. liquor is transported init. Thereafter, the petitioner moved an application before theJudicial Magistrate of First Class, Bhadrachalam for interimcustody of the said auto, but the same was returned on theground that the Court has no jurisdiction to entertain the saidapplication. As such, the petitioner approached this Court andfiled the present Criminal Petition seeking to order interimcustody of the said auto in his favour.
Having heard the submission of the learned counsel onrecord, this Court is of the view that keeping the vehicle incustody of the police may not serve any purpose, except that itwould be rusted and damaged. In the circumstances, it isconsidered that the above vehicle can be ordered to be released to the interim custody of the petitioner.
In the result, the Criminal Petition is allowed, directing thatthe said auto bearing No. AP-20-Y-4482 be released to theinterim custody of the petitioner on his executing a bond in asum of Rs.50,000/- (Rupees Fifty thousand only) with twosureties for the like sum each to the satisfaction of the JudicialMagistrate of First Class, Bhadrachalam, subject to conditionsthat the petitioner shall produce the said vehicle before theCourt as and when it is required; that he shall not change oralter the shape, colour etc of the vehicle; and that he shall notalienate the said vehicle during the pendency of the said case.
31[st] December 2010DR
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JUSTICE GOPALA KRISHNA TAMADA