V.K. Samuel v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1678 OF 2016 ORDER:

Petitioner-Owner of the vehicle filed this Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Criminal Procedure Code being aggrieved by the order dated 13.06.2016 passed in Crl.M.P.No.1189 of 2016 in Crime No.22 of 2016 by the Special Judicial Magistrate of First Class for Prohibition & Excise, Chittoor, Chittoor District. Heard.

Petitioner herein filed the impugned application under Section 457 of the Code of Criminal Procedure seeking to release the vehicle i.e., Car bearing Reg. No.TN 23-BH 7900 seized in the above crime and the said application was dismissed by the learned Magistrate vide impugned order. Challenging the same, the present revision is filed.

Learned Counsel for the petitioner submitted that the petitioner is the owner of the vehicle and the same is very essential for his livelihood and further, if the vehicle is kept idle for a long period there is every possibility of getting it damaged. He also submitted that the petitioner is ready to produce the vehicle as and when required by the Court below.

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 vehicle i.e. Car bearing Reg.No.TN 23 BH 7900 shall be released for interim custody of the petitioner, subject to final orders to be passed at the time of disposal of the main case i.e., Crime No.22 of 2016, on his executing a personal bond for Rs.3,00,000/- (Rupees Three Lakhs only) with one surety for the like sum to the satisfaction of the Special Judicial Magistrate of First Class for Prohibition and Excise, Chittoor,

Chittoor District, and also on production of original R.C. book. It is further directed that the petitioner shall not alienate the vehicle, shall not change the physical features of the same till the disposal of the criminal case and further he shall undertake to produce the vehicle as and when required by the Court below. It is made clear that this Order does not preclude the authorities concerned from passing any confiscation proceedings. In case, any confiscation proceedings have already been passed, this order will not give any effect. Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions filed in this revision, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 29.6.2016 Nn THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.1678 OF 2016 DATED 29th June, 2016.

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