Telangana High Court
CRLP/13294/2010 of K.Nagaraju Vs The State of A.P., on 30 December 2010
SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No:13294 OF 2010 ORDER: The petitioner is the owner-cum-driver of Jeep bearing Reg. No.AP-36-U-3114. While the petitioner was plying the vehicle on 1.12.2010, the 3rd respondent stopped the Jeep and seized the vehicle on the allegation that
HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADACRIMINAL PETITION No:13294 OF2010
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ORDER:
The petitioner is the owner-cum-driver of Jeep bearing---Reg.No.AP36U3114.While the petitioner was plying thevehicle on 1.12.2010, the 3rdrespondent stopped the Jeep and seizedthe vehicle on the allegation that it is involved in an offence punishableunder Section 34(a) (e) and 50 of A.P. Excise Act, 1968 and as such,the petitioner filed the present petition seeking for release of the same.Heard the learned Counsel for the petitioner.
Having heard the learned counsel for the petitioner and having--regard to the fact that the petitioner is the ownercumdriver of thevehicle in question and is eking out his livelihood from out of theincome of the said vehicle, this Court is of the view that the same canbe released 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 theSpecial Judicial First Class Magistrate for Proh. & Excise,Warangal.sureties for the like sum each to the satisfaction of theSpecial Judicial First Class Magistrate for Proh. & Excise,Warangal.
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:13294 OF2010
30.12.2010