Release of Vehicle involved in accident = The case of the prosecution is that the said vehicle was involved in an accident attracting Section 304-A IPC and was therefore seized. The petitioner’s case, on the other hand, is that he is dependent for his livelihood upon the vehicle and the same should be released into his custody. = Plying the vehicle without the original documents would be in violation of law. Therefore, return of the lorry without the original documents would serve the petitioner no purpose. Further, once the petitioner executes a bond of Rs.5 lakhs, this Court finds the insistence upon a surety unnecessary. The criminal petition is accordingly allowed directing return of the lorry bearing No.WB-23-B-4334 to the petitioner on execution of a bond for a sum of Rs.5 lakhs. The original documents pertaining to the lorry shall also be returned to him. The petitioner shall give an undertaking before the Court below that he will not alienate, transfer or change the nature of the vehicle till the disposal of the case.

HON’BLE SRI JUSTICE SANJAY KUMAR

CRIMINAL PETITION No.240 of 2013

Date: 10.01.2013

Between:

Sri Sanjay Kumar Mittal @ Sanjay Mittal

… Petitioner

AND

The State of Andhra Pradesh, rep., by Public Prosecutor,

High Court of A.P., Hyderabad.

… Respondent

HON’BLE SRI JUSTICE SANJAY KUMAR

CRIMINAL PETITION No.240 of 2013

ORDER:

          The petitioner is aggrieved by the conditions imposed by the learned Principal Junior Civil Judge, Kavali, FAC-cum-Additional Judicial Magistrate of First Class, Kavali, in the order dated 31.10.2012 passed in Crl.MP.No.1713 of 2012 in Crime No.65 of 2012 of Bitragunta Police Station. 

          The petitioner is the owner of the lorry bearing No.WB-23-B-4334.  The case of the prosecution is that the said vehicle was involved in an accident attracting Section 304-A IPC and was therefore seized.  The petitioner’s case, on the other hand, is that he is dependent for his livelihood upon the vehicle and the same should be released into his custody. 

          The prosecution alleges that the petitioner’s vehicle was parked negligently at the scene of the offence and that due to this negligence, the driver of the other lorry met with his death.

          Admittedly, the petitioner’s lorry was stationary at the time of the accident.  Taking note of these facts, the Court below directed return of the petitioner’s vehicle on execution of a self-bond of Rs.5 lakhs with one surety and further directed that certified copies of the original documents may be given to the petitioner, as the original documents could not be returned until the filing of the charge sheet.  It is these conditions that the petitioner is aggrieved by.

          Given the facts of the case, this Court finds the conditions imposed are rather onerous.  Plying the vehicle without the original documents would be in violation of law.  Therefore, return of the lorry without the original documents would serve the petitioner no purpose.  Further, once the petitioner executes a bond of Rs.5 lakhs, this Court finds the insistence upon a surety unnecessary. 

          The criminal petition is accordingly allowed directing return of the lorry bearing No.WB-23-B-4334 to the petitioner on execution of a bond for a sum of Rs.5 lakhs.  The original documents pertaining to the lorry shall also be returned to him.  The petitioner shall give an undertaking before the Court below that he will not alienate, transfer or change the nature of the vehicle till the disposal of the case. 

____________________

SANJAY KUMAR, J

Date: 10.01.2013.

ES