Battu Sathyanarayana v. The State Of Telangana.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5701 OF 2016 ORDER:

The petitioner has preferred the criminal petition by invoking the provisions under Section 482 of Code of Criminal Procedure (Cr.P.C.,) seeking to direct the Station House Officer, Wardhannapet Prohibition and Excise Station, Warangal District, to release the auto rickshaw bearing Registration No.AP 36 TB 4338 seized in C.O.R.No.150 of 2016. Heard and perused the material available on record. Learned counsel for the petitioner submitted that the petitioner is the owner of the aforesaid vehicle and if the vehicle is kept idle for a long period, it will get damaged and hence, he prays to allow the petition. Learned Additional Public Prosecutor opposed for the same. Considering the facts and circumstances, it is directed that the vehicle i.e., Auto bearing No.

AP 36 TB 4338 shall be released to the petitioner for interim custody, subject to final orders to be passed in the main case, on his executing a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for a like sum to the satisfaction of the learned Special Judicial First Class Magistrate of Prohibition and Excise Cases at Warangal, and subject to production of all the documents relating to the vehicle in question. The petitioner shall also give an undertaking not to sell, alter or alienate the said vehicle and produce the same as and when directed by the trial Court. However, this Order does not preclude the authorities concerned from proceeding with the confiscation proceedings. The Criminal Petition is disposed of.

Consequently, the miscellaneous petitions filed in this petition, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 20.04.2016 pln