Telangana High Court

CRLP/13077/2010 of P.Gopi, Vs The State of Andhra Pradesh, on 31 December 2010

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SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No:13077 OF 2010 ORDER: The petitioner is the owner of lorry bearing Reg. No. AP 03U 0957. The vehicle in question is involved in Crime No.582 of 2010-2011 of Prohibition and Excise station, Yellandu, registered for the offence punishable

HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADACRIMINAL PETITION No:13077 OF2010

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ORDER:

The petitioner is the owner of lorry bearing Reg.No. AP03U 0957.The vehicle in question is involved in Crime No.582 of-20102011 of Prohibition and Excise station, Yellandu, registered forthe offence punishable under Section 34 (e ) of the A.P. Excise Act.

In view of the said involvement, the lorry in question wasseized and as such, the present petition is filed seeking for release ofthe same.

Heard the learned Counsel for the petitioner.

Having regard to the submissions made by the learned Counselfor the petitioner and in view of the fact that the petitioner is the ownerand is eking out his livelihood from out of the income derived from thevehicle in question, this Court is of the view that the vehicle in questioncan be ordered to be released in favour of the petitioner by imposingcertain 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.2,00,000/ (Rupees Two lakhs only) with two suretiesfor the like sum each to the satisfaction of the S.H.O.,Prohibition & Excise Station, Yellandu.for the like sum each to the satisfaction of the S.H.O.,Prohibition & Excise Station, Yellandu.

2) He shall give an undertaking that he will produce the vehiclein question as and when required and he shall not alienatethe same during the course of enquiry, investigation andtrial.in question as and when required and he shall not alienatethe same during the course of enquiry, investigation andtrial.

Subject to the above conditions, the Criminal Petition isallowed.

______________________________

Justice Gopala Krishna Tamada

Dated: 31.12.2010Nn

HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA

CRIMINAL PETITION No:13077 OF2010

31.12.2010

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