Telangana High Court

CRLP/12853/2010 of Namala Anil, Vs The State of Andhra Pradesh, on 30 December 2010

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SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.12853 OF 2010 ORDER: 1 This Criminal Petition under Section 482 of Cr.P.C. is filed by the petitioner seeking a direction to the respondent to forthwith release the car bearing Reg. No.AP-05-AQ-0033 seized in connection with S.T.C.No.50

THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADACRIMINAL PETITION NO.12853 OF 2010

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ORDER:

1 This Criminal Petition under Section 482 of Cr.P.C. is filedby the petitioner seeking a direction to the respondent to forthwithrelease the car bearing Reg. No.AP-05-AQ-0033 seized inconnection with S.T.C.No.50 of 2010 on the file of the JudicialMagitrate of I Class, Razole, East Godavari District.

2Heard.

3 Apparently, the vehicle belonging to the petitioner wasseized in connection with the provisions of the A.P. Gaming Act. There is some discrepancy with regard to the number of thevehicle. However, the number of the chases and engine aretallying and thus this court on 23.12.2010 directed the AdditionalPublic Prosecutor to get instructions. Today when the matter istaken up, the learned Additional Public Prosecutor stated that hedid not receive any instructions.

4 Considering the facts and circumstances that the vehicleinvolved in the present case is an old Feat car, and in view of thefact that if the vehicle in question is allowed to be with the policetill disposal of the case, it would be rusted. Hence the same canbe released in favour of the petitioner, but by imposing someconditions.

5 Accordingly, the car bearing Reg.No.AP – 05 – AQ –0033 seized in connection with S.T.C.No.50 of 2010 on the file ofthe Judicial Magitrate of I Class, Razole, East Godavari District isdirected to be released in favour of the petitioner towards interimcustody subject to the final orders that would be passed at the time of disposal of the main case and on his execution of apersonal bond for Rs.25,000/- (Rupees Twenty Five Thousandonly) with two sureties for the like sum to the satisfaction of thetrial court concerned. It is further directed that the petitioner shallgive an undertaking to produce the vehicle whenever required forthe purpose of investigation or enquiry and shall not alienate orchange the physical features of the said vehicle in any manner andshall not use the same for any illegal activities.

6 With the above directions, the Criminal Petition isdisposed of.

--------------30.12.2010

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