Telangana High Court
CRLP/13299/2010 of Bolishetty Nageswara Rao Vs The State of A.P., on 30 December 2010
GOPALA KRISHNA TAMADA CRIMINAL PETITION No:13299 OF 2010 ORDER: The petitioner is the owner of auto bearing Reg. No.AP- 20-Y-7268. When the vehicle was driven by the driver on 6.12.2010, the 3rd respondent seized the same on the allegation that it is involved in a case registered for the
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Conclusion
HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADACRIMINAL PETITION No:13299 OF2010
ORDER:
-The petitioner is the owner of auto bearing Reg.No.AP20-Y-7268.When the vehicle was driven by the driver on 6.12.2010,the 3rdrespondent seized the same on the allegation that it is involvedin a case registered for the offence punishable under Section 34(e) ofA.P. Excise Act and as such, the petitioner filed the present petitionseeking for release of the same.
Heard the learned Counsel for the petitioner.
Apparently, the petitioner is not one of the accused in the abovecrime.In those circumstances, this Court is of the view that thevehicle in question can be ordered to be released in favour of thepetitioner 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 theSpecial Judicial First Class Magistrate (Prohibition andExcise) at Khammam.sureties for the like sum each to the satisfaction of theSpecial Judicial First Class Magistrate (Prohibition andExcise) at Khammam.
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 isallowed.
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Justice Gopala Krishna TamadaDated: 30.12.2010Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA
CRIMINAL PETITION No:13299 OF2010
30.12.2010