Andhra Pradesh High Court
CRLP/6246/2020 of BANGARU RAMANAMMA Vs THE STATE OF ANDHRA PRADESH on 31 December 2020
SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.6246 OF 2020 ORDER: This petition is filed under Section 482 Cr.P.C to release the petitioner’s vehicle Grand i10, ASTA bearing Registration No.AP 30 K 3302 in Crime No.648 of 2020 on the file of the Pendurthy Police Station,
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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.6246 OF 2020
ORDER:
This petition is filed under Section 482 Cr.P.C to release the petitioner’s vehicle Grand i10, ASTA bearing No.AP 30 K 3302 in Crime No.648 of 2020 on the file of the Pendurthy Police Station, Visakhapatnam District and to modify the conditions given by the 2[nd] respondent for grant of interim custody of the said vehicle.
Registration
Heard learned counsel for the petitioner and the learned Public Prosecutor for the State appearing for respondents.
Learned counsel for the petitioner submits that the petitioner is the owner of the vehicle/ Grand i10, ASTA bearing No. AP 30 K 3302 the said vehicle was seized by 2[nd] respondent/Superintendent of Police, Srikakulam District on the allegation that she is transporting alcohol illegally.
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the
The 2[nd] respondent/Superintendent of Police, Srikakulam District issued the impugned proceedings in Rc.No.825/2020/SEB/SKL, dated 18.12.2020, for release of the vehicle. The petitioner is not disputing Condition No.2, but challenging Condition No.1 of the impugned notice, which reads as follows:
“F.D.R equal to Market Value fixed by the M.V.I from any Nationalized Bank situated in Andhra Pradesh in favour of the “The Superintendent of Police, Srikakulam” for a period of (3) years.”
The learned counsel for the petitioner and the learned Public Prosecutor for the State further submits that the issue involved in the present Criminal Petition is squarely covered by the orders of this Court in W.P.No.14783 of 2020 dated 08.09.2020, wherein this Court directed the respondents to get the vehicle valued by Motor Vehicle Inspector, concerned in the presence of the petitioner after serving a notice to the petitioner and on fixing value of the vehicle by the Motor Vehicle Inspector, the petitioner is directed to furnish immovable property security by executing a bond in favour of the third respondent, strictly adhering to the Stamp and Registration laws, as per the value fixed by the Motor Vehicle Inspector and on production of such immovable property as security, the Superintendent of Police, is directed to release the vehicle as interim custody.
In view of the submission made by both the counsel, Criminal Petition is allowed, directing the second respondent /Superintendent of Police, Srikakulam District, to get the vehicle valued by Motor Vehicle Inspector concerned in the presence of the petitioner after serving a notice to the petitioner and on fixing value of the vehicle by the Motor Vehicle Inspector, the petitioner is directed to furnish immovable property security by executing a bond in favour of the second respondent, strictly adhering to the Stamp and Registration laws, as per the value fixed by the Motor Vehicle Inspector and on production of such immovable property as security, the second respondent/Superintendent of Police, is directed to release the vehicle as interim custody. There shall be no order as to costs.
Consequently, miscellaneous petitions pending, if any, shall also stand closed.
Date: 31.12.2020 IS
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JUSTICE M. SATYANARAYANA MURTHY
IS
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
CRIMINAL PETITION NO.6246 OF 2020
Date: 31.12.2020