Pinninti Ramakrishna, v. The Station House Officer, Padmanabham P.S.,
HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.735 of 2017 ORDER:
This writ petition is filed by the petitioners under Article 226 of the Constitution of India seeking to direct the 1st respondent to release their lorries bearing Nos.AP 31 TE 8649, AP 31 TB 2366 and AP 31 TU 1368, respectively.
Heard and perused the material available on record. It is case of the petitioners that their vehicles were seized on the allegation that sand was being transported illegally. The petitioners are eking out their livelihood by transporting the goods in the vehicles in question and that if the vehicles are kept at the police station and if they are exposed to sun and rain, there is every possibility of damage to the vehicles.
Considering the facts and circumstances of the case and the grievance of the petitioners, without expressing any opinion on merits, the Writ Petition is disposed of with the following directions: " The 1st respondent is directed to release lorries bearing Nos. AP 31 TE 8649, AP 31 TB 2366 and AP 31 TU 1368, for interim custody of the petitioners, on their executing personal bond for a sum of Rs.3,00,000/ - (Rupees Three lakhs only) for each of the vehicle, to the satisfaction of the 1st respondent, subject to final orders to be passed at the time of disposal of above crime, and also on production of original R.C. book. The petitioners are directed to file an affidavit before the 1st respondent undertaking that they shall not alienate the vehicles, shall not change the physical
features of the same till the disposal of the above crime, and further they shall produce the vehicles das and when required by the authorities concerned."
There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ______________ RAJA ELANGO, J January 05, 2017 KTL