Telangana High Court
CRLP/9574/2012 of Mudurukolla Sampath Vs The State of AP., on 31 December 2012
K.C. BHANU Criminal Petition No.9574 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 Auto bearing Reg.No.AP-36-Y-6830 seized in C.O.R.No.508 of 2012-13 of Prohibition and
HON’BLE SRI JUSTICE K.C. BHANU
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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 theAuto bearing Reg.No.AP-36-Y-6830 seized in C.O.R.No.508 of 2012-13 ofProhibition and Excise Police Station, Bhupalapally, Warangal District.
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. Auto bearing Reg.No.AP-36-Y-6830 seizedin C.O.R.No.508 of 2012-13 of Prohibition and Excise Police Station,Bhupalapally, Warangal District shall be entrusted to the interim custody ofthe petitioner on his executing a personal bond for Rs.15,000/- (RupeesFifteen Thousand only) with one surety for like sum to the satisfaction of theStation House Officer, Prohibition and Excise Police Station, Bhupalapally,and on further condition that the petitioner shall give an undertaking toproduce the vehicle whenever directed by the Court and also undertaking notto change the physical features or physical state of the vehicle and not toalienate the same in any manner in the meanwhile.
4. The Criminal Petition is allowed accordingly.
31.12.2012
Vjl
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JUSTICE K.C. BHANU