Oggu Narsimulu v. State Of Telangana
[ 3251 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD TUESDAY,THE TWENTY NINTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL NO:443 OF 2023 Criminal Appeal Under Section 378(3) and (a) of Cr.P.C against the Judgment Dated 23-O2-2023 in NDPS SC.No. 130 of 2018 in M.O.3 on the file of the Court of the I District and Sessions Judge At Sanga Reddy. Between:
Oggu Narsimulu, S/o Oggu Papaiah, aged about 49 years,.. Occ. Business, R/o H.No.14-29, Hanuman Nagar, lsmailkhanpet Village, Sanga Reddy Town and Dist.
...APELLANT/OWNER VEHICLE AND State of Telangana, through S.H.O. Prohibition and Excise Police Station, Sanga Reddy Rep. by Public Prosecutor, High cou4r _ Hyderabad.
..RESPODENT lA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 57 days in filing the Crl.A. lA NO: 3 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the SHO, Prohibition and Excise Police Station, Sanga Reddy to release the vehicle i.e., Two wheeler Activa Bearing No. TS-15-P-TR-3352 seized in relation of FIR No. 449 ot 2017 under section B(c) r/w Sec 2O(b)(ii)(A) of NDPS Act, 1985 in favour of the petitioner.
Counset for the Appellant : SRI' NAMBI KRISHNA Gounselforthe Respondent : PUBLIC PROSECUTOR The Court made the following: ORDER
Crl.Appeal No.443 of 2023 I THE HONOURABLE SRI JUST]ICE K.SURENDER RIMINAL APPEAL 3 0F 2023 ,UDGMENT:
This Criminal Appeal is filed to set. aside the Judgment dated 23.02.2023 passed by the I Additional District and Sessions Judge, Sangareddy in NDPS SC No.130 of 2018 1:o the extent of confiscation of M.O.3 to the State.
2.
Heard and perused the record.
3.
The appellant was tried for the offi:nce under Section 8(c) r/w Sec 20(b)(ii)(A) of N.D.P.S. Act, 1985 and the appellant was acquitted by the trial Court vide Judgment, dated 23.02.2023. The vehicle M.O.3 Honda Activa was directed be confiscated to the State. 4.
The appellant filed Crl.P.No.5345 of 2023 before this Court for release of M.O.3 and this Court by ern order dated 19.06.2023 II dismissed the Criminal Petition granting liberty to the petitioner to file an appeal against the Judgment date,l 23.02.2023 in NDPS SC No.130 of 2018 for release of vehicle. The present appeal is filed seeking return of M.O.3 which was seiz,-'d by the Police during the course of investigation and confiscated to the State. 5.
Learned counsel appearing for the appellant would submit that the vehicle was given interim custody pending trial. However, when
Crl.Appeal N0.443 of 2023 it was produced for the purpose of trial, the same was in the custody of the Court and after pronouncement of the Judgment, the trial Court failed to return the vehicle to the appellant. 6.
Learned Additional Public Prosecutor submits that no appeal is filed by the State against the acquittal judgment, dated 23.02.2023.
7. In view of the above, the appellant shall produce all the relevant documents before the concerned Court and on being satisfied that the vehicle belongs to the appellant herein, the same shall be returned by the trial Court to the appellant.
8. With the above observations, the Criminal Appeal is disposed off.
As a sequel thereto, miscellaneous applications, if any, pending, shall stand closed.
R Sd/. M. RAMANA KRIS DEPUW REGIS //TRUE COPY// SECTION OFFICER To,
1. The I District and Sessions Judge At Sanga Reddy (with records)
2. OneCC to SRl. NAMBI KRISHNA, Advocate [OPUC]
3. Two CCs to Public Prosecutor, High Court for the State of Telangana at HYderabad. (OUT)
4. Two CD CoPies DL NJB :-:e=!E+: --
f HIGH COURT DATED:2910812023 ,. - -.:a'.=:.- -::1--.-_ ...:-_..J.. .-.
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JUDGMENT
CRLA.No.443 ot 2023 Cr[.P is Disposed off &'Lr-gt.-til'