Chebolu Avnesh v. The State Of Telangana
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY ,THE THIRTY FIRST DAY OF DECEI,IBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE P.KESHAVA RAO CRIMINAL REVISION CASE NO: 552 OF 2020 Revision filed under Section 3971401 of CrPC aggrieved by the order dt.311912020 passed in CrI.M.P.No. 409 of 2020 in Cr.No. 277 of 2020 on the file of the Special Sessions Judge for the trial of Cases under Narcotic Drugs and Psychotropic Substances Act-cum-I Addl. Sessions Judge at Khammam, Between r
1. Chebolu Avnesh, s/o Rammohan Rao, aged about 30 years, Occ. Business, r/o Keerthi Apatments, Yellareddyguda, Near Saradhi Studio, Hyderabad. ,..PETITIONER/OWNER OF THE PROPERTY AND
1. The State of Telangana, through P.S. Bhadrachalam Town, Bhadradri Kothagudem District, rep. by its Public Prosecutor, High Coutt, Hyderabad. .,,,,RESPON DENT/ RESPONDENT/COMPLAINANT
2. Barla Srikanth, s/o Chennaiah, aged about 22 years, occ, Online food Delivery Boy, r/o Old Hafeezpet, Hyderabad.
3. Earla Anirudh, s/o Narsimha, aged22 years Occ. Online Food Delivery Boy, r/o Old Hafeezpet, Hyderabad
4. Touta Vinay, s/o Neeleswar, aged 22 years Occ. Student, r/o Old Haeezpet of ...RESPONDENTS/RESPONDENTS ACCUSED 1 TO 3 IA NO: 1 OF 2020 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 S.H.O., Bhadrachalam Town to return the Innova Vehicle bearing Reg.no'TS-10- EC6667 seized in Cr.No. 277 of 2020, pending disposal of the main Criminal Revision Case Counsel for the Petitioner: SMT K JAYASREE Counsel for the Respondent: NO l ADDITIONAL PUBLIC PROSECUTOR (TG) Counsel for the Respondent: NO 2 TO 4 NONE The Court made the following: ORDER
HONOURABLE SRI JUSTICE P. KESHAVA RAO CRIMINAL REYISION CASE No.552 of 2020 ABPEB,i The present Criminal Revision Case is filed under Sections 397 anc1, 401 Cr.P.C. questioning the order, dated 3 1.08.2020 passed ln Crl.M.P.No.409 of 2020 in Crime No.277 of 2020 on the flle of the Special Sessior.rs Judge tbr the Trial ol Cases under Narcotic Dru-qs and Ps!chotropic Substances Act-cum-l-Additional Sessior.ts judge at Khammam.
2.
The lacts in issue are that the petitioner is the owr.rer of the lnnova vehicle bearing No.TS 10 EC 6667 and rhe said vehicle w,as seized in Crime No.277 of 2020 of Bhadrachalam J'own Police Station. which was registered for the offences punishable under Section 8(c) read with Section 20(bxii)(B) of the N.D.P.S.Act, 1985, and the said vehicle was kept in rhe police station. During the pendency of investigation, the petitioner, claiming to be the owner of the said vehicle, filed Crl.M.P.No.409 ol 2020 betbre the Special Sessions Judge for the frial ol Cases under Narcotic Drugs and Psychotropic Substances Act-cum-I-Additional Sessions Judge at Khamrram, seeking interim custody o1'the vehicle. By an or.der, dated 31.08.2020, the learned Judge re.jecred the applicatiorr. Challenuing rhe sanre the present revision is llled 3.
l-.earned counsel lol the petitioner submits that there is er, erv possibility of the vehicle getting damaged, jf it is 1<ept exposeci ro vagaries of nature at the premises of Police Station and hence seeks intelim custody of the vehicle.
1.
Learned Additional Public Prosecutor, though opposed the revision. did not dispute the o*'nership of the vehicle. 5.
ln Surenderbhai Ambalsl Desai v. State of Guiaratt , the Apex Court has laid down that in case of vehicles seized during investigation, they should not be allowed to deteriorate by being kept unused and unattended in the premises of the Police Stations. Therefore, the vehicles have to be entrusted to the interim custody of the petitioner subject to appropriate conditions.
6.
Since there is no dispute with regard to the ownership of the vehicle and liaving regard to the principles ol law laid down by the Apex Court in tltc dccision stated supra, I arn inclined to grant interim custody of lnnova vehicle bcalirr-rt No.fS l0 EC 6667. which was seized in Crime No'277 o1' 1020 ol'Bhadrachalam Torvn Police Station, in favour of the petitioner on the lollo\\ itlg ternl s.
i1 lhc pctitioncr shall o\ecutc a personal boncl tbr Rs 2'00'000"- (Rupce s til'o lakhs onll ) u'ith one surety lor a like sum to the satislaction o1'the I Additional Sessions Judge . Khatnrnam' ii) The petitioner shall deposit thc original Registration Certificate ol the vehicle in the Court below. However, the Courl belou' shall issue a certified copy of the registration certificate to the petitioner so that no inconvenience is caused to hirn while using the vehicle.
iii) The petitioner shatl give an undertaking to produce the vehicle as and rvhen required either before the Investigating Agency or the Court and also give an undertaking that he will not alienate, enouurber or alter the physical leatures ol the vehicle' Accordingly, the Criminal Revision Case is disposed oL Nliscellaneous petitiorls. ilany, shall stand closed' '(2002) 10 scc 283 Sd/-C,V.MALLIKARJUNA VARMA DEPUTY REGISTRAR //TRUE coPY I I sEcrIdN .FFI.ER To,
1. The special sessions Judge for the trial of cases under Narcotic Drugs and psychotropic Substances Rtt-cum-I Addl. Sessions Judge at Khammam District
2. The station House officer, Bhadrachalam Town Police station Bhadrachalam Town Khammam District brlr)
3. One CC to SMT K JAYASREE Advocate [OPUC]
4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT]
5. Two CD Copies d-
HIGH COURT PKRJ DATED:3U1212020 .: '.-'''1t STA AN 2021 * pA.'f
ORDER
CRLRC.No.552 ot 2O2O DISPOSING OF THE CRIMINAL REVISION CASE I It