Gummala Srinu v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.36437 of 2015 ORDER:

The grievance of the petitioner was that the Station House Officer, Mamnoor Police Station, Warangal District, had illegally seized his Tata Indigo vehicle bearing registration No.AP 35 E 3474 in relation to Crime No.41 of 2013 registered on the file of the said police station.

The Sub-Inspector of Police, Mamnoor Police Station, Warangal, furnished written instructions dated 18.11.2015 to the office of the learned Government Pleader for Home, wherein he stated that the petitioner was arrayed as Accused No.6 in Crime No.41 of 2013 which was registered under Section 8(c) read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, on the file of Mamnoor Police Station. The subject vehicle was stated to have been seized while in the process of transporting 120 Kgs. of Dry Ganja. The petitioner was said to have obtained anticipatory bail from this Court in Criminal Petition No.6642 of 2013. A charge sheet was stated to have been filed before the learned III Additional Judicial First Class Magistrate, Warangal, vide S.C.No.22 of 2015.

Insofar as the custody of the vehicle is concerned, the Sub-Inspector of Police stated that the vehicle was deposited before the criminal Court vide CPR No.24 of 2015 and the police were given the custody of the vehicle. Pursuant to the order of the Court, the vehicle was kept in the police station under safe custody. In the light of the aforestated developments it is for the petitioner to move an appropriate application under the Code of Criminal Procedure, 1973, before the competent forum, if he wants release of his vehicle. Reserving liberty to the petitioner to do so, the writ petition is closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

___________________________ SANJAY KUMAR, J

Date:20.11.2015 GJ