Telangana High Court

CRLP/13296/2010 of Ch.Ravinder Vs The State of A.P., on 30 December 2010

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SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No:13296 OF 2010 ORDER: The petitioner is the owner of Jeep bearing Reg. No.AP-15-V-3509. While the petitioner was plying the said vehicle on 20.11.2010, the 3rd respondent seized the same on the allegation that it is involved in a case

HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADACRIMINAL PETITION No:13296 OF2010

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ORDER:

The petitioner is the owner of Jeep bearing Reg.No.AP-15-V-3509.While the petitioner was plying the said vehicle on20.11.2010, the 3rdrespondent seized the same on the allegation thatit is involved in a case registered for the offence punishable underSection 34(e) and 50 of A.P. Excise Act and as such, the petitionerfiled the present petition seeking for release of the same.

Heard the learned Counsel for the petitioner.

Having regard to the fact that the petitioner is eking out hislivelihood out of the income derived from the vehicle in question, thisCourt is of the view that the vehicle in question can be ordered to bereleased in favour of the petitioner by imposing certain conditions.

Accordingly, the vehicle in question is hereby ordered to bereleased in favour of the petitioner on the following conditions:

1) The petitioner shall execute a bond for a sum of--Rs.50,000/ (Rupees Fifty Thousand only) with twosureties for the like sum each to the satisfaction of theJudicial First Class Magistrate (Prohibition and Excise) atWarangal.sureties for the like sum each to the satisfaction of theJudicial First Class Magistrate (Prohibition and Excise) atWarangal.

2) He shall give an undertaking before the Court below that hewill produce the vehicle in question as and when requiredand he shall not alienate the same during the course ofenquiry, investigation and trial.will produce the vehicle in question as and when requiredand he shall not alienate the same during the course ofenquiry, investigation and trial.

Subject to the above conditions, the Criminal Petition is allowed.

______________________________

Justice Gopala Krishna Tamada

Dated: 30.12.2010Nn

HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA

CRIMINAL PETITION No:13296 OF2010

30.12.2010

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