Telangana High Court

CRLP/12447/2010 of Kola Tirupati Venkaiah Vs The State of A.P., on 30 December 2010

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SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No:12447 OF 2010 ORDER: The petitioner is the owner of Hero Honda Passion Plus bearing Reg.No.AP-36-AB-4994. When the same was driven by the relative of the petitioner on 23.08.2010, Tiruvuru Prohibition and Excise police seized the same on

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HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADACRIMINAL PETITION No:12447 OF2010

ORDER:

The petitioner is the owner of Hero Honda Passion Plus bearingReg.No.AP-36-AB-4994.When the same was driven by the relative ofthe petitioner on 23.08.2010, Tiruvuru Prohibition and Excise policeseized the same on the allegation of transportation of I.D. Liquor andregistered a case for the offence punishable under Section 8(e) r/w7(a) of A.P. Prohibition Act, 1995.In view of the said involvement, thevehicle 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 theJudicial Magistrate of First Class, Tiruvuru.sureties for the like sum each to the satisfaction of theJudicial Magistrate of First Class, Tiruvuru.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 isallowed.

______________________________

Justice Gopala Krishna Tamada

Dated: 30.12.2010

Nn

HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA

CRIMINAL PETITION No:12447 OF2010

30.12.2010

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