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High Court for State of TelanganaWP/784/2017disposed of no costs

Matcha Prasad, v. The State Of Andhra Pradesh, Rep., By Its Secretary,

2017-01-05Raja Elango3 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.784 of 2017 ORDER:

1.

This writ petition is filed by the petitioner under Article 226 of the Constitution of India aggrieved by conditions Nos.1 and 2 imposed by the Metropolitan Sessions Judge-cum-Special Court for NDPS Cases at Visakhapatnam, while granting interim custody of Bajaj Pulsar 150 DTS-i Motor Cycle bearing Reg.No.AP DG 0773, Chassis No.MD2A11CZ5GRA40045, Engine No.DHZRGA40336 to the petitioner, vide order dated 5.10.2016 in Crl.M.P.No.2938 of 2016. 2.

The condition Nos.1 and 2 challenged in this petition are as follows: "(1) The petitioner shall furnish a fixed deposit equivalent to the value of the vehicle as determined by the Motor Vehicle Inspector and to the satisfaction of the V Metropolitan Magistrate, Anakapalli. (2)The petitioner shall keep the fixed deposit alive till conclusion of the trial."

3.

Heard and perused the material available on record. 4.

Considering the circumstances of the case and the submissions made by the learned Counsel for the petitioner, this Court is inclined to pass the following order:

"Conditions Nos.1 and 2 imposed by the learned Metropolitan Sessions Judge-cum-Special Court for NDPS Cases at Visakhapatnam, in Crl.M.P.No.2938 of 2016, vide order dated 5.10.2016, while granting interim custody of Bajaj Pulsar 150 DTS-i Motor Cycle bearing Reg.No.AP 31 DG 0773, Chassis No.MD2A11CZ5GRA40045, Engine No.DHZRGA40336 to the petitioner, are set aside. However, the petitioner is directed to execute a personal bond for a sum

of Rs.40,000/- (Rupees Forty Thousand only) with one surety for the like sum to the satisfaction of the V Metropolitan Magistrate, Anakapalli. Rest of the conditions imposed by the learned Metropolitan Sessions Judge shall remain." 5.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed. ________________ RAJA ELANGO, J Date: 5th January, 2017 Nn

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.784 of 2017 Date: 5th January, 2017 Nn