Kurva Mohan Kumar v. The State Of Telangana.,Rep.,Pp

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2423 of 2016 ORDER:

This Criminal Petition is filed under Section 482 r/w.457 Cr.P.C. seeking to release the vehicle of the petitioner i.e. Auto Rickshaw bearing Regd.No.AP 21 TW 1106 seized in PCOR No.8 of 2016-17 by the Prohibition and Excise Police, Kothakota, Mahaboobnagar District. Heard and perused the material available on record. The petitioner herein filed a petition under Section 451 Cr.P.C. seeking release of auto rickshaw bearing No.AP 21 TW 1106 seized by the Prohibition and Excise Police, Kothakota, in connection with the crime in PCOR No.8 of 2016, for the offences punishable under Sections 34(e) and 42 (c) of A.P. Excise Act r/w. Cl.3 of Gur (Jaggery) Regulation of Use Order. The learned Judicial Magistrate of First Class, Wanaparthy, returned the said application on the ground that the said vehicle was not deposited before that Court.

Aggrieved by the same, the present criminal petition is filed. Learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle and if the vehicle is kept idle for a long period, there is every possibility of it getting damaged. He further submitted that the petitioner is ready to furnish sufficient surety and also produce the vehicle as and when required by the Court. Learned Additional Public Prosecutor objected for the same, since the vehicle is involved in a crime.

Considering these circumstances, it is directed that the vehicle i.e. Auto Rickshaw bearing No.AP 21 TW 1106, shall be released for interim custody of the petitioner, subject to final orders to be passed in the main case, on petitioner furnishing a bank guarantee for Rs.50,000/- (Rupees fifty thousand only) with one surety for the like sum to the satisfaction of the Judicial Magistrate of First Class, Wanaparthy, Mahaboobnagar District, and also on production of original R.C. book. It is further directed that the petitioner shall not

alienate the vehicle, shall not change the physical features of the same till the disposal of the criminal case and further the petitioner shall undertake to produce the vehicle as and when required by the Court. However, it is made clear that the present order will not stand in the way of any confiscation proceedings. If already confiscation orders are passed, the order need not be given effect to. With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending if any, shall stand closed.

________________ RAJA ELANGO, J February 25, 2016.

KTL