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High CourtsSingle Bench(2014) 09 AP CK 0166

K. Dinesh Kumar vs State of Telangana and Others

Andhra Pradesh High Court · Decided on 16 September 2014 · Citation: (2015) 1 ALT(Cri) 156

HON’BLE JUDGES
Raja. Elango, J
CASE NUMBER
Criminal Petition No. 10311 of 2014

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Judgment

4 paragraphs · 344 words

Raja. Elango, J.—This Criminal Petition is filed under Section 457 of Code of Criminal Procedure (Cr.P.C.) read with Section 482 of Cr.P.C., by the petitioner seeking to direct the respondents to release the vehicle Eicher Turbo Inter Cooler D.C.M., bearing No. AP 22 Y 9252, which is seized on 25.04.2014 in P.C.O.R. No. 89 of 2014-15, on the file of Excise Station, Kodangal, Mahaboobnagar District. Heard and perused the material available on record.

2.

The vehicle was seized by the Prohibition and Excise Officials and Enforcement Party while conducting a routine watch and during the said watch, they found DCM Van of the petitioner and seized the non-duty paid liquor. The petitioner being the owner of the vehicle moved an application before the trial Court invoking the provision under Section 457 Cr.P.C. for custody and the trial Court dismissed the application in view of Section 46(E) of the A.P. Excise Act and it has no jurisdiction to entertain the petition as the crime vehicle is submitted to Deputy Commissioner of Excise, Mahaboobnagar.

3.

This Court is of the view that even though the vehicle is not in the custody of the Court, if it is brought to the notice of the Court that the vehicle is in the custody of the police with whom the F.I.R. is pending, the Court has to pass appropriate orders. Therefore, instead of remanding the matter to the trial Court, this Court feels it just and appropriate to dispose of the petition with the following direction.

4.

The second respondent-police is directed to return the vehicle in question to the petitioner on condition of petitioner executing a bond for a sum of Rs. 1,00,000/- (Rupees one lakh only) to the satisfaction of the Station House Officer concerned. The petitioner is directed not to alienate or transfer or change the nature of the vehicle and shall produce the same as and when required by the Court at the time of trial. With the above direction, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.