Release of vehicle involved in Excise offence = the Auto bearing Reg.No.AP-20-V-8415 along with the stocks i.e, 12 bags of black jaggery each containing 50 kgs., which was seized in P.R.No.654/2012-13 of Prohibition and Excise Station, Warangal Rural, shall be released to the petitioner for interim custody on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of Judicial Magistrate of First Class for Prohibition and Excise Cases at Warangal and subject to production of all the documents relating to the vehicle in question. The petitioner shall also undertake to produce the vehicle as and when required by the Court and also undertake not to change the physical features or physical state of the vehicle and not to alienate the same in any manner in the meanwhile.

CRLP 436 / 2013

CRLPSR 1667 / 2013

PETITIONER RESPONDENT D. RAVI KUMAR,   VS THE STATE OF AP REP BY ITS PP HYD., PET.ADV. : KASI NAGESWARA RAO RESP.ADV. : PUBLIC PROSECUTOR SUBJECT: U/s.482 Cr.p.c Other offences not covered(Misc.) DISTRICT:  WARANGAL

FILING DATE:  22-01-2013 POSTING STAGE :  FOR ADMISSION DISPOSED ON  :  23-01-2013  ANC REG. DATE    :   22-01-2013 LISTING DATE :  23-01-2013 STATUS   :  ---------

HON'BLE JUDGE(S): K.C.BHANU

 THE HON’BLE SRI JUSTICE K.C.BHANU

CRIMINAL PETITION No.436 OF 2013

ORDER:

         

The petitioner filed this Criminal Petition under Section 482 read with 451 and 457 Cr.P.C. praying to direct the Station House Officer, Warangal Rural Prohibition and Excise Station, Warangal District to forthwith release the Auto bearing Reg.No.AP-20-V-8415 along with the stocks i.e, 12 bags of black jaggery each containing 50 kgs., which was seized in P.R.No.654/2012-13 of Prohibition and Excise Station, Warangal Rural.

2.       Heard both sides.

3.       In SUNDERBHAI AMBALAL DESAI V. STATE OF GUJARAT[1], the Apex Court has laid down that in case of vehicles seized during investigation, they should not be allowed to deteriorate by being kept unused and unattended in the premises of the Police Stations. The petitioner claims to be owner of the vehicle and the stocks in question.  Therefore, the vehicle has to be entrusted to the interim custody of the petitioner subject to certain conditions.

4.       Hence, the Auto bearing Reg.No.AP-20-V-8415 along with the stocks i.e, 12 bags of black jaggery each containing 50 kgs., which was seized in P.R.No.654/2012-13 of Prohibition and Excise Station, Warangal Rural, shall be released to the petitioner for interim custody on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of Judicial Magistrate of First Class for Prohibition and Excise Cases at Warangal and subject to production of all the documents relating to the vehicle in question. The petitioner shall also undertake to produce the vehicle as and when required by the Court and also undertake not to change the physical features or physical state of the vehicle and not to alienate the same in any manner in the meanwhile.

5.       The Criminal Petition is, accordingly, allowed.  Miscellaneous Petitions pending, if any, in this Criminal Petition shall stand closed.

______________________

JUSTICE K.C.BHANU

Date: 23.01.2013

Note:- Furnish C.C. tomorrow

                           B/o

                      AMD/MAR

 

 THE HON’BLE SRI JUSTICE K.C.BHANU

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CRIMINAL PETITION No.436 OF 2013

DATE:23.01.2013

AMD

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[1] (2002) 10 SCC 283