Arepally Mahadev , Madhu v. The State Of Telangana,
THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1781 OF 2015 ORDER:
This Criminal Revision Case is filed against the docket order, dated 29.07.2015, passed in CFR No.2191 of 2015 in Crime No.85 of 2015, passed by the Additional Judicial Magistrate of First Class, Siddipet.
The case of the prosecution is that during the course of vehicle checking at Cherial X road by the Police, they found the petitioner carrying illicit liquor sachets on his Pulsar Motorcycle bearing No.AP 23 AL 7002. The police arrested the petitioner and seized the contraband and also the vehicle, under cover of panchanama. The petitioner filed an application before the Judicial Magistrate of First Class, Siddipet for interim custody of the vehicle. The learned Magistrate returned the said application. Hence, this revision. Heard and perused the material available on record. Learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle and if the vehicle is exposed to sun and rain and is kept idle for a long period, it will get damaged and the petitioner is ready to furnish sufficient surety for release of the vehicle. Learned Additional Public Prosecutor also submitted that interim custody of the crime vehicle can be granted to the petitioner by imposing certain conditions.
Considering these circumstances, it is directed that the vehicle i.e. Bajaj Pulsar Motor Cycle bearing No.AP 23 AL 7002 shall be released to petitioner for interim custody, subject to final orders to be passed at the time of disposal of main case, on his executing a personal bond for Rs.30,000/- (Rupees thirty thousand only) with one
surety for the like sum and also on production of original R.C. book. It is further directed that the petitioner shall not alienate, alter or sell the vehicle till the disposal of the criminal case and further he shall undertake to produce the vehicle as and when required by the Court. Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions, pending if any, shall stand closed. ______________ RAJA ELANGO, J August 28, 2015.
KTL