Telangana High Court
CRLP/12979/2010 of Geddamuri Surya Prakasa Rao Vs The State of A.P., on 29 December 2010
SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.12979 of 2010 ORDER: Petitioner is the owner of the tractor and trailor bearing Nos.AP-31-U-2741 and AP31 U 2742, respectively and the same was seized on the ground that it has been transporting the sand illegally. In this
THE HON’BLE SRI JUSTICE GOPALA KRISHNATAMADA
CRIMINAL PETITION No.12979 of 2010
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ORDER:
Petitioner is the owner of the tractor and trailorbearing Nos.AP-31-U-2741 and AP31 U 2742,respectively and the same was seized on the ground thatit has been transporting the sand illegally. In thisconnection, the Assistant Director of Mines and Geology,Anakapally, filed a charge sheet alleging the offencespunishable under Sections 2 and 4 read with Sections 21and 22 of Mines and Minerals (Dev. & Reg) Act read withA.P.Minor Minerals Concession Rules 1966 read withSections 27 and 38 of A.P.WALTA Act. When thepetitioner filed application-Crl.M.P.No.5361 of 2010 beforethe Judicial Magistrate of First Class, Yellamanchiliseeking interim custody of the said vehicle, the same wasdismissed by an order, dated 14.12.2010. The same isquestioned in this Criminal Petition.
Heard learned counsel for the petitioner and thelearned Public Prosecutor appearing for the respondent.
Learned counsel for the petitioner submitted that thepetitioner is ready to produce the said vehicle as andwhen required; that the family of the petitioner isdepending upon the income derived by running the saidvehicle and as such, prayed to allow this Criminal Petition.
Having considered the submissions of the learnedcounsel for the petitioner, this Court is of the view that thevehicle in question can be ordered to be released infavour of the petitioner.
This Criminal Petition is accordingly allowed and thetractor and trailor bearing Nos.AP-31-U-2741 and AP31-U-2742, respectively, shall be released in favour of thepetitioner, on his furnishing a personal bond in a sum ofRs.40,000/- (Rupees Forty thousand only) with twosureties each for the like sum to the satisfaction of theJudicial Magistrate of First Class, Yellamanchili. It isfurther directed that the petitioner shall produce the saidvehicle before the Court below as and when required; thathe shall not alienate the said vehicle; and that he shall notalter or change the shape, colour etc of the said vehicleduring the pendency of the said case.
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JUSTICE GOPALA KRISHNA TAMADA29[th] December 2010DR