B.Chandu v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.2808 of 2016

ORDER

The petitioner is accused and owner of the vehicle. His vehicle Bajaj Platina Motor Cycle bearing registration No.AP-16-CQ-0131 is involved in the commission of offence by transporting the ID liquor containing 20 litres in the said vehicle. The petitioner sought for return of the vehicle for interim custody in Crl.M.P.No.979 of 2016 in Crime No.1102 of 2015-16 of Tiruvuru Excise Station. The said petition was dismissed vide impugned order, dated 09.02.2016. However, as the petitioner claims to be owner of the offending vehicle, I deem it appropriate to return the vehicle to the petitioner for interim custody, as the non-user of the vehicle is likely to spoil the vehicle. However, the petitioner shall have the interim custody of the vehicle on certain terms and conditions.

Accordingly, this Criminal Petition is allowed. Interim custody of the vehicle i.e., Bajaj Platina Motor Cycle bearing registration No.AP16-CQ-0131 be granted to the petitioner/accused, subject to condition that the petitioner proves the ownership of the said vehicle and furnishes personal security for a sum of Rs.40,000/- (Rupees Forty Thousand only) together with one surety for a like sum and also on further conditions, viz., (i) the petitioner shall not tamper with the vehicle in any manner and shall maintain the vehicle as it stands as on today;

(ii) the petitioner shall produce the vehicle as and when directed by the trial Court.

(iii) the custody is only interim custody; consequently the petitioner shall not put the vehicle to any use other than his personal use, and (iv) the petitioner shall not sell or otherwise dispose of

or alienate the vehicle until disposal of the main case. Pending miscellaneous applications, if any, shall stand closed in consequence.

___________________ M.S.K.JAISWAL, J Date:11.07.2016 YVL