Ramavath Shankar Naik, v. State Of Telangana,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TENTH DAY OF AUGUST TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL REVISION CASE No.1592 of 2015 Between:

Ramavath Shankar Naik ..... PETITIONER/ACCUSED AND The State of Telangana, rep.by its Public Prosecutor, High Court, Hyderabad .....RESPONDENT DATE OF JUDGMENT PRONOUNCED: 10.08.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL 1.

Whether Reporters of Local newspapers may be allowed to see the Judgments?

Yes/No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals Yes/No 3.

Whether Their Ladyship/Lordship wishes to see the fair copy of the Judgment?

Yes/No

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL REVISION CASE No.1592 of 2015 ORDER:

The petitioner is accused. His vehicle Bajaj Auto bearing registration No.AP-22Y-3152 is involved in the commission of the offence by transporting black jaggery in the said vehicle. The petitioner sought for return of the vehicle for interim custody through SR No.1224/2015 in COR No.449/2015-16. The petition was returned by the trial Court inter alia on the ground that it has no jurisdiction. Where the petitioner claims to be owner of the offending vehicle, I deem it appropriate to return the vehicle to the petitioner for interim custody, as the non-user of the vehicle is likely to spoil the vehicle. However, the petitioner shall have the interim custody of the vehicle on terms only.

Accordingly, this criminal revision case is allowed. Interim custody of the vehicle i.e., Bajaj Auto bearing registration No.AP-22Y3152 be granted to the petitioner/accused, subject to the condition that the petitioner proves the ownership of the said vehicle and furnishes personal security for a sum of Rs.1,00,000/- (Rupees one lakh 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 produce the vehicle as and when directed by the trial Court.

(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: 10.08.2015 Dsr