Pramila Devi v. The State Of Telangana

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3637 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to release the vehicle of the petitioner i.e. Hero Honda Glamour Bike bearing Reg. No.AP 28 DX 6940 seized in Cr.No.54 of 2016 by the R.G.I. Air Port Police Station, Cyberabad Commissionerate, for the offence punishable under Section 34(A) of the A.P. Excise Act. Heard and perused the material available on record. The petitioner herein filed a petition under Sections 451 & 457 Cr.P.C. seeking release of Hero Honda Glamour Bike bearing Reg. No.AP 28 DX 6940 seized by the Police, RGI Airport in connection with the Crime No.54 of 2016, for the offence punishable under Section 34(A) of the A.P. Excise Act, before the XII Metropolitan Magistrate, Cyberabad at L.B. Nagar and the learned Magistrate, returned the said application, on the ground that the said application was not maintainable before that Court. Aggrieved by the same, the present criminal petition is filed.

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. He further submitted that the petitioner is ready to furnish sufficient surety and also produce the vehicle as and when required by the Court. Learned Additional Public Prosecutor objects for the same, since the vehicle is involved in a crime.

Considering these circumstances, it is directed that the vehicle i.e. Hero Honda Glamour Bike bearing Reg. No.AP 28 DX 6940, shall be released for interim custody of the petitioner, subject to final orders to be passed in the main case, on petitioner furnishing a bank guarantee for Rs.25,000/- (Rupees twenty five thousand only) with one surety for the like sum to the satisfaction of the XII Metropolitan Magistrate, Cyberabad at L.B. Nagar, and also on production of

original R.C. book. It is further directed that the petitioner shall not alienate the vehicle, shall not change the physical features of the same till the disposal of the criminal case and further the petitioner shall undertake to produce the vehicle as and when required by the Court. 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. With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending if any, shall stand closed.

________________ RAJA ELANGO, J March 16, 2016.

KTL