Bhukya Ramu vs The State Of Telangana

This Criminal Petition has been filed aggrieved by the order passed by the learned Additional Judicial First Class Magistrate at Mahabubabad in Crl.M.P.No.279 of 2026 arising out of Cr.No.20 of 2026, Seerole Police Station in C.C.No.425 of 2026, dated 21.04.2026 rejecting the application filed by the petitioner seeking interim custody of the tractor trailer bearing Registration No. TS- 04-UD-5592.

Heard Mr.K. Kiran Kumar, learned counsel for the petitioner and Mr.Veeramalla Jithendar Rao, learned Additional Public Prosecutor for the respondents.

Learned counsel for the petitioner submitted that the petitioner is the owner of the tractor trailer, bearing Registration No. TS-04-UD-5592, which was seized by the Police in connection with Cr.No.20 of 2026 on the allegation that the said vehicle was involved in the offences punishable under Section 303 (2) of Bharatiya Nyaya Sanhita, 2023. He further submitted that the petitioner has filed an application in Crl.M.P.No.279 of 2026 in C.C.No.425 of 2026 seeking interim custody of the vehicle. However, the learned Magistrate, without properly considering the averments made by the petitioner, dismissed the said application by order dated 21.04.2026, on the ground that the validity of Registration Certificate in respect of the subject trailer had expired on 09.03.2023. The learned Magistrate further held that in the absence of a valid Registration Certificate, the petitioner was not entitled to seek interim custody of the said vehicle.

He further submitted that for renewal of the Registration Certificate, the vehicle is very much required. Unless the subject vehicle is released, the petitioner will be put to great hardship, as he is eking out his livelihood based on the said vehicle. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and, therefore, requested this Court to release the said vehicle.

Per contra, learned Additional Public Prosecutor submitted that the subject vehicle was involved in illegal sand quarrying. Hence, the learned Magistrate rightly dismissed the application. He further submitted that the petitioner is not entitled to seek interim custody of the said vehicle, till the conclusion of the proceedings against the respective parties.

By way of reply, learned counsel for the petitioner submitted that the petitioner is ready to abide by the conditions which are going to be imposed by this Court.

Having considered the rival submissions made by the respective parties and upon perusal of the record, it reveals that the petitioner is the owner of the tractor trailer bearing Registration No.TS-04-UD-5592, which was seized by the Police in connection with Cr.No.20 of 2026. The petitioner has filed an application in Crl.M.P.No.279 of 2026 in C.C.No.425 of 2026 seeking interim custody of the vehicle. However, the learned Magistrate, dismissed the said application on the ground that the validity of Registration Certificate in respect of the subject trailer had expired on 09.03.2023 even before the registration of the crime. Learned counsel appearing for the petitioner has rightly pointed that for the purpose of renewal of the Registration Certificate, the subject vehicle is very much required before the Registering Authority.

Taking into consideration the peculiar facts and circumstances of the case, this Court is inclined to grant interim custody of the tractor trailer, bearing Registration No. TS-04-UD- 5592, on the condition that the petitioner/accused No.2 executes a personal bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two sureties to the satisfaction of learned Additional Judicial First Class Magistrate at Mahabubabad. The petitioner shall furnish an undertaking that he shall produce the subject tractor trailer bearing Registration No. TS-04-UD-5592 before the Investigating Officer or before the learned Additional Judicial First Class Magistrate at Mahabubabad, as and when required. The petitioner shall also furnish an undertaking that he shall alienate the vehicle or alter its physical features, till the disposal of the proceedings.

Accordingly, the criminal petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.