Angoth Veeranna v. The State Of Telangana,

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1249 OF 2015 ORDER:

This Criminal Revision Case is filed against docket order, dated 01.07.2015, passed in CFR No.2246 of 2015 by the Judicial Magistrate of First Class, Narsampet arising out of Cr. No.97 of 2015 of Duggondi Police Station.

The brief facts of the case are that on reliable information about illegal possession of black jaggery and alum, the ASI of Police, Duggondi Police Station, along with his staff, reached Gobriya thanda, where they found one person in illegal possession of black jaggery and alum and on enquiry he told that he used to supply the jaggery and alum to the ID liquor manufacturers of Ajmeera area. Immediately, they went to Ajmeera and found five persons preparing ID liquor illegally.

The police conducted panchanama and seized the contraband, one lorry bearing No.AP 23 W 2401 and one Tata Ace Trolley bearing No.AP 36 X 7975 and arrested the accused and registered the above said crime for the offence under Section 34 (e) of AP Excise Act and Section 5 of the GUR (Jaggery) Regulation use order, 1968. The petitioner, who claims to be the owner of the vehicle, filed an application before the Judicial Magistrate of First Class, Narsampet, for interim custody of the vehicle i.e. Tata Ace Trolley bearing No.AP 36 X 7975. The Court below rejected the said application through the impugned order on the ground of jurisdiction. Hence, this revision case is filed.

Heard and perused the material available on record. Learned counsel for the petitioner submits that the petitioner is the owner of the vehicle, that the Court below has erroneously dismissed the application of the petitioner and if the vehicle is exposed

to sun and rain and is kept idle, it would get damaged. He further submits that the petitioner is ready and willing to furnish sufficient surety for release of the vehicle.

Learned Public Prosecutor also submitted that interim custody of the crime vehicle can be granted to the petitioner by imposing certain conditions.

Considering these circumstances, the respondents are directed to release the vehicle i.e. Tata Ace Trolley bearing registration No.AP 36 X 7975 to the petitioner for interim custody, subject to the final orders being passed in the main case, on petitioner executing a personal bond for Rs.1,00,000/- (Rupees one lakh only) and also on production of original R.C. book. It is further directed that the petitioner shall not alienate the vehicle or change its physical features till the disposal of the criminal case and further he shall undertake to produce the vehicle as and when required by the Court concerned. This order will not stand in the way of the respondents to proceed with the confiscation proceedings.

Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions, pending if any, shall stand closed. ______________ RAJA ELANGO, J July 13, 2015.

KTL