Section 457 Cr.P.C.- to release the Jeep bearing Reg.No.AP-7-T-8443, which was seized in C.O.R.No.488/2012-13 of Hanamkonda Prohibition and Excise Station, Warangal District. = 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 in question. Therefore, the vehicle has to be entrusted to the interim custody of the petitioner subject to certain conditions.

THE HON'BLE SRI JUSTICE K.C.BHANU

CRLP 9 / 2013

CRLPSR 29 / 2013

PETITIONER RESPONDENT K.NAGARAJU, WARANGAL DT.,   VS STATE OF AP.,THR: SHO, HANAMKONDA (PROH.&EX) REP PP., 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:  02-01-2013 POSTING STAGE :  FOR ADMISSION DISPOSED ON  :  03-01-2013  ANC REG. DATE    :   02-01-2013 LISTING DATE :  03-01-2013 STATUS   :  ---------

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

CRIMINAL PETITION NO.9 OF 2013

ORDER:

          The petitioner filed this Criminal Petition under Section 482 read with Section 457 Cr.P.C. praying to direct the Station House Officer, Hanamkonda Prohibition and Excise Station, Warangal District, to release the Jeep bearing Reg.No.AP-7-T-8443, which was seized in C.O.R.No.488/2012-13 of Hanamkonda Prohibition and Excise Station, Warangal District.

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 in question.  Therefore, the vehicle has to be entrusted to the interim custody of the petitioner subject to certain conditions.

4.       Hence, Jeep bearing Reg.No.AP-7-T-8443, which was seized in C.O.R.No.488/2012-13 of Hanamkonda Prohibition and Excise Station, Warangal District, 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 Special 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, if any, pending shall stand closed.

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(K.C.BHANU, J)

3^rd January 2013

RRB

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[1] (2002) 10 SCC 283