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release of crime vehicles = In Sunderbhai Ambalal Desai Vs. 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. Therefore, the vehicle has to be entrusted to the interim custody of the petitioner subject to appropriate conditions.

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            HON’BLESRI JUSTICE RAJA ELANGO

            CRIMINAL PETITION No.10146 OF 2011

ORDER:

This Criminal Petition is filed by the petitioner, under Section 482 of Cr.P.C., with a prayer to direct the Station House Officer, Jangaon P.S., Warangal District, to forthwith release Auto bearing registration No.AP 36X 7037 seized in connection with Crime No.295 of 2011 registered under Section 7(A) read with 8(e) of the A.P. Prohibition Act.

Learned counsel for the petitioner has submitted that the petitioner is owner of the vehicle and since the date of seizure, it is in the custody of the police and if it is exposed to sun and rain, there is every likelihood of the vehicle being spoiled, and that the petitioner will give an undertaking that he will not alienate the vehicle and change its features and he will produce the vehicle as and when directed by the Court.

In Sunderbhai Ambalal Desai Vs. 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. Therefore, the vehicle has to be entrusted to the interim custody of the petitioner subject to appropriate conditions.

In view of the above, the Criminal Petition is allowed and the Auto bearing registration No.AP 36X 7037 seized in connection with Crime No.295 of 2011 on the file of the Station House Officer, Jangaon P.S., Waranagal District, shall be entrusted to the interim custody of the petitioner on the following conditions:

a)     he shall execute a personal bond for Rs.20,000/- (Rupees Twenty thousand only) to the satisfaction of the Station House Officer, Jangaon P.S., Warangal District;

b)     he shall not alienate the vehicle or alter its nature; and

c)      he shall produce the vehicle before the Court concerned, as and when directed by the learned Magistrate.

Further, the 2nd respondent  is at liberty to proceed with the confiscation proceedings.

 

               __________________

            RAJA ELANGO, J

3rd November, 2011

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HON’BLE SRI JUSTICE RAJA ELANGO

             

             

             

             

             

             

             

             

             

             

             

             

             

             

 

 

 

 

 

 

 

 

 

 

 

 

 

             

             

             

             

             

             

            CRIMINAL PETITION No.10146 OF 2011

             (Allowed)

 

 

 

 

 

 

 

 

 

3rd November, 2011

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[1] (2002) 10 SCC 283

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