CRLP/13465/2010 of V.Srinivas Rao, Vs The State of Andhra Pradesh, on 31 December 2010

Conclusion

ORDER:

This Criminal Petition is filed under Section 482 read withSection 451 Cr.P.C. for return of auto bearing No.AP-16-TX-0971 seized in connection with Crime No.391 of 2010-11 on thefile of the Station House Officer, Prohibition and Excise,Visannapet, Krishna 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. The petitioner, who was arrayed as an accused, wasreleased on bail. Keeping the vehicle in custody of the policemay not serve any purpose, except that it would be rusted anddamaged. In the circumstances, it is considered that the abovevehicle can be ordered to be released to the interim custody ofthe petitioner.

In the result, the Criminal Petition is allowed, directing that the said auto bearing No. AP-16-TX-0971 be released to theinterim custody of the petitioner on his executing a bond in asum of Rs.50,000/- (Rupees Fifty thousand only) with onesureties for the like sum each to the satisfaction of the JudicialMagistrate of First Class, Tiruvuru, subject to conditions that the petitioner shall produce the said vehicle before the Court asand when it is required; that he shall not change or alter theshape, colour etc of the vehicle; and that he shall not alienatethe said vehicle during the pendency of the said case.

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JUSTICE GOPALA KRISHNA TAMADA31[st] December 2010DR