Sabharath Kishan, v. State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.35055 of 2015 ORDER:

The grievance of the petitioner was with regard to the seizure of his Tractor and Trolley in relation to alleged illegal transportation of sand. The Circle Inspector of Police, Tandur Rural Circle, Ranga Reddy District, furnished written instructions dated 04.11.2015 to the office of the learned Government Pleader for Home, wherein he stated that the petitioner's Tractor and Trolley were apprehended on 13.10.2015 as the Tractor driver fled from the scene after observing the police vehicle. The Circle Inspector further stated that as the transportation of sand was being undertaken in the Trolley illegally, Crime No.116 of 2015 was registered under Section 379 I.P.C. on the file of Pedemul Police Station, Ranga Reddy District, and investigation was taken up.

Though the Circle Inspector further stated that the seized Tractor and Trolley would be produced before the competent Court, the learned Assistant Government Pleader informed this Court today that the Tractor and Trolley are still in the custody of the police authorities as the competent Court refused to accept the deposit thereof. In that view of the matter, the writ petition is disposed of permitting the petitioner to make a representation to the Station House Officer, Pedemul Police Station, Tandur, Ranga Reddy District, the 2nd respondent, for release of his Tractor and Trolley. The 2nd respondent shall thereupon consider the same in accordance with the rules and take appropriate action in the matter.

It shall be open to the 2nd respondent to impose such conditions as warranted and deemed fit, including production of the Tractor and Trolley before the competent Court, if required. This exercise shall be completed expeditiously and in any event, not later than two weeks from the date of receipt of a copy of this order. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

___________________________ SANJAY KUMAR, J Date:13.11.2015 Note: Furnish C.C. by 16.11.2015.

(B/o) GJ