Telangana High Court
CRLP/12446/2010 of Bhukya Surya, Vs The State of Andhra Pradesh, on 30 December 2010
SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No:12446 OF 2010 ORDER: The petitioner is the owner of Auto bearing Reg. No.AP- 20-W-9811. When the same was driven by the driver on 25.10.2010, Excise Police of Khammam stopped the auto and seized contraband and registered a case for the
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Conclusion
HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADACRIMINAL PETITION No:12446 OF2010
ORDER:
-The petitioner is the owner of Auto bearing Reg.No.AP20-W-9811.When the same was driven by the driver on 25.10.2010,Excise Police of Khammam stopped the auto and seized contrabandand registered a case for the offence punishable under Section 7(A)r/w 8(e) of A.P. Prohibition Act, 1995.In view of the said involvement,the auto in question was seized and as such, the petitioner filed thepresent petition seeking for release of the same.
Heard the learned Counsel for the petitioner.
Apparently, the petitioner is not one of the accused in the saidcrime.In those circumstances, this Court is of the view that the vehiclein question can be ordered to be released in favour of the petitioner byimposing 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 theS.H.O., Prohibition & Excise Station, Khammam.sureties for the like sum each to the satisfaction of theS.H.O., Prohibition & Excise Station, Khammam.
2) He shall give an undertaking before the S.H.O that he willproduce the vehicle in question as and when required andhe shall not alienate the same during the course ofenquiry, investigation and trial.produce the vehicle in question as and when required andhe shall not alienate the same during the course ofenquiry, investigation and trial.
Subject to the above conditions, the Criminal Petition isallowed.
Justice Gopala Krishna Tamada
Dated: 30.12.2010
Nn
HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA
CRIMINAL PETITION No:12446 OF2010
31.12.2010