Telangana High Court

CRLP/9573/2012 of Bhukya Chittibabu Vs The State of AP., on 31 December 2012

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K.C. BHANU Criminal Petition No.9573 of 2 ​​012 ORDER:- The petitioner filed this Criminal Petition under Section 482 read with Sections 451 and 457 Cr.P.C praying to direct the respondent to release the Hero Honda Glamour Motor Cycle bearing Reg.No.AP-20-AD-8824 seized in C.O.R.No.497 of

HON’BLE SRI JUSTICE K.C. BHANU

Criminal Petition No.9573 of 2012

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ORDER:-

The petitioner filed this Criminal Petition under Section 482 read withSections 451 and 457 Cr.P.C praying to direct the respondent to release theHero Honda Glamour Motor Cycle bearing Reg.No.AP-20-AD-8824 seized inC.O.R.No.497 of 2012-13 of Prohibition and Excise Police Station,Sathupally.

2. In Sunderbhai Ambalal Desai v. State of Gujarat[[1]],the Apex Courthas laid down that in case of vehicles seized during investigation, theyshould not be allowed to deteriorate by being kept unused and unattended inthe premises of the Police Stations. Therefore, the vehicle has to beentrusted to the interim custody of the petitioner subject to appropriateconditions.

3. In the result, the vehicle i.e. Hero Honda Glamour Motor Cycle bearingReg.No.AP-20-AD-8824 seized in C.O.R.No.497 of 2012-13 of Prohibitionand Excise Police Station, Sathupally shall be entrusted to the interimcustody of the petitioner on his executing a personal bond for Rs.15,000/-(Rupees Fifteen Thousand only) with one surety for like sum to thesatisfaction of the Station House Officer, Prohibition and Excise PoliceStation, Sathupally, and on further condition that the petitioner shall give anundertaking to produce the vehicle whenever directed by the Court and alsoundertaking not to change the physical features or physical state of thevehicle and not to alienate the same in any manner in the meanwhile.

4. The Criminal Petition is allowed accordingly.

31.12.2012Vjl

___________________JUSTICE K.C. BHANU

[1](2002) 10 SCC 283

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