Paluri Pedd Masthan v. The State Of Telangana,

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.40985 of 2016 ORDER:

1.

This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking to direct respondent No.2 to release his DCM van bearing No.AP 21 TX 9934.

2.

Heard and perused the material available on record. 3.

It is case of the petitioner that he is the owner of the above vehicle and while black jaggary was being transported, the above vehicle was seized. The petitioner is eking out his livelihood by transporting the goods in the vehicle in question and that if the vehicle is kept at the police station and if it is exposed to sun and rain, there is every possibility of damage to the vehicle.

4.

Considering the facts and circumstances of the case and the grievance of the petitioner, without expressing any opinion on merits, the Writ Petition is disposed of with the following directions: "Respondent No.2 is directed to release the DCM van bearing No.AP 21 TX 9934 for interim custody of the petitioner on his executing a personal bond for a sum of Rs,1,00,000/- (Rupees One lakh only) to the satisfaction of the 2nd respondent, subject to final orders to be passed at the time of disposal of above crime, and also on production of original R.C. book. The petitioner is directed to file an affidavit before the 2nd respondent undertaking that he shall not alienate the vehicle, shall not change the physical features of the same till

the disposal of the above crime, and further he shall produce the vehicle as and when required."

There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

________________ RAJA ELANGO, J Date: 25th November, 2016 Nn

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.40985 of 2016 Date: 25th November, 2016 Nn