Srinu Naik Lavoori v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.9711 of 2016

ORDER

The petitioner is accused and owner of the vehicle. His vehicle Mahindra Bolero Maxi Track bearing No.TS 05 UA 9326 along with stocks in connection with COR No.100 of 2016 on the file of Excise P.S. Huzurnagar, Nalgonda District, is involved in the commission of the offence by transporting 16 bags of Black jaggary each 50 kgs, and 4 bags of Alum each 50 kgs in the said vehicle. The petitioner sought for return of the vehicle for interim custody in C.F.No.1436 of 2016 on the file of Judicial Magistrate of First Class, Huzurnagar. The petition was returned by the trial Court inter alia on the ground that it has no jurisdiction under Section 13-E of A.P.Excise Act. However as the petitioner claims to be owner of the offending vehicle, and the stock seized is used for domestic purpose, I deem it appropriate to return the vehicle to the petitioner for interim custody, as the non-user of the vehicle and stock is likely to spoil the same. However, the petitioner shall have the interim custody of the property seized on certain terms and conditions.

Accordingly, this criminal petition is allowed. Interim custody of the vehicle i.e., Mahindra Bolero Maxi Track bearing No.TS 05 UA 9326 along with stock be granted to the petitioner/accused, subject to the condition that the petitioner proves the ownership of the said vehicle and furnishes personal bond for a sum of Rs.3,00,000/- (Rupees Three lakhs 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:05.07.2016 Rds THE HON'BLE SRI JUSTICE M.S.K.JAISWAL

CRIMINAL PETITION No.9711 of 2016 Date:05.07.2016

Rds