Yacharam Shekar, v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.40089 of 2016 ORDER:

The petitioner filed this Writ Petition by invoking the provisions under Article 226 of the Constitution of India, seeking to declare the seizure of the petitioner's goods carriage, as illegal and arbitrary, and consequently, direct the 2nd respondent to release the petitioner's goods carriage.

Heard and perused the material available on record. Petitioner's vehicle i.e., goods carriage bearing No.AP 28U 8399 was seized by the 2nd respondent on the ground that it was used for illegal transportation of sand.

Learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle and if the vehicle is kept idle for a long period, there is every possibility of it getting damaged. Learned Government Pleader for Home objects for the same, since the vehicle is involved in a crime.

Considering these circumstances, the 2nd respondent is directed to release the vehicle i.e., goods carriage bearing No.AP 28U 8399, for interim custody of the petitioner, subject to final orders to be passed in the main case, on petitioner executing a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum, and also on production of original R.C. book. It is further directed that the petitioner shall not alienate and shall not change the physical features of the vehicle till the disposal of the criminal case and further the petitioner shall undertake to produce the vehicle as and when required by the authorities. However, it is made clear that the present order will

not stand in the way of any confiscation proceedings. If already confiscation orders are passed, the order need not be given effect to.

Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________ RAJA ELANGO,J Date: 21st November, 2016 KL