Sri Kalla Peddiraju v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR Crl.R.C.No.2094 of 2014 ORDER:

This revision is filed seeking interim custody of the vehicle bearing No.AP 31 TW 3927 in Cr.No.64 of 2013 of Rolugunta Police Station, Visakhapatnam District, registered for the offence under Section 34(A) of the Andhra Pradesh Excise Act, 1968.

2. Learned counsel for the petitioner submits that the said vehicle is still lying with the concerned Police Station and the same is getting damaged due to exposure to sun and rain.

3. Though the learned Public Prosecutor was directed to get instructions on 17.10.2014 and also on 25.11.2014, but there was no response from the concerned police.

4. In Surenderbhai Ambalal Desai v. State of Gujarat[1], the Apex Court has laid down that in case of vehicles seized during investigation, they should not be allowed to deteriorate by being kept unused and unattended in the premises of the Police Stations. Therefore, the vehicle has to be entrusted to the interim custody of the petitioner subject to appropriate conditions.

5. Taking into consideration the facts and circumstances of the case and having regard to the principles of law laid down by the Apex Court in the decision stated supra and as there is no dispute with regard to the ownership of the vehicle, I am inclined to grant interim custody of the Auto bearing No.AP 31 TW 3927 seized in Crime No.64 of 2013 of Rolugunta Police Station,

Visakhapatnam District, in favour of the petitioner on the following terms, if the vehicle is in the custody of the regular police and no confiscation proceedings are initiated by Deputy Commissioner of Prohibition and Excise till date.

i) The petitioner shall execute a personal bond for Rs.1,00,000/- (Rupees one lakh only) with one surety for a like sum to the satisfaction of the Additional Judicial First Class Magistrate at Narsipatnam.

ii) The petitioner shall produce the original Registration Certificate of the vehicle in the Court. iii) The petitioner shall give an undertaking to produce the vehicle as and when required by the Court and also an undertaking not to alienate, encumber or alter the physical features of the Auto bearing registration No.AP 31 TW 3927;

This order shall not preclude the authorities in proceeding further in accordance with law.

Accordingly, the Criminal Revision Case allowed. As a sequel thereto, Miscellaneous Petitions, if any, pending in this revision, shall stand closed.

____________________ C. PRAVEEN KUMAR, J 28th January, 2015 sj [1] (2002) 10 SCC 283