Kandika Raju v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.11430 of 2016 ORDER:

The petitioner is owner of the seized vehicle. His vehicle TATA ACE Auto bearing registration No.AP-24-TC-2509 is involved in the commission of the offence by transporting Alum and ganja in the said vehicle, in P.R.No.92/2016 of Warangal (U) Proh.& Excise Station, Warangal District, registered for the offences under Sec.34(a) & (e) of Excise Act and under Section 8(c) r/w.20(b) of NDPS Act,1985. The petitioner sought for return of the seized vehicle for interim custody.

The petitioner claims to be owner of the offending vehicle, I deem it appropriate to return the vehicle to the petitioner for interim custody, as the non-user of the vehicle is likely to spoil the vehicle. However, the petitioner shall have the interim custody of the vehicle on terms only.

Accordingly, this criminal petition is allowed. Interim custody of the vehicle i.e., TATA ACE Auto bearing registration No.AP-24-TC2509 be granted to the petitioner, subject to the condition that the petitioner proves the ownership of the said vehicle and furnishes personal security for a sum of Rs.50,000/- (Rupees fifty thousand only) together with one surety in a like sum and also on further conditions, viz., (i) the petitioner shall not tamper with the vehicle in any manner and shall maintain the vehicle as it stands as on today;

(ii) the petitioner shall deposit the title documents and produce the vehicle as and when directed by the trial Court without affecting the right of forfeiture available to the Department;

(iii) the custody is only interim custody; consequently the petitioner shall not put the vehicle to any use other than his personal use, and (iv) the petitioner shall not sell or otherwise dispose of or alienate the vehicle until disposal of the main case. Pending miscellaneous applications, if any, shall stand closed in consequence.

__________________ M.S.K.JAISWAL,J Date: 04.08.2016 Dsr