HON’BLE Dr. JUSTICE K.G. SHANKAR Crl.R.C.No.831 of 2014 Date: 16.04.2014 Between:
Guguloth Harathi … Petitioner/ Owner of the vehicle AND The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad. … Respondents/ Complainant HON’BLE Dr. JUSTICE K.G. SHANKAR Crl.R.C.No.831 of 2014 ORDER:
The petitioner seeks for the return of Tata Sumo Vehicle bearing No.AP05-TV-0363 to her for interim custody. She filed a petition before the trial Court.
Crl.M.P.No.1173 of 2013 was dismissed by the trial Court. Hence, the present revision.
The learned counsel for the petitioner submitted that the petitioner is not an accused and that she is the owner of the seized vehicle. She seeks for interim custody of the vehicle.
The learned Special Assistant Public Prosecutor pointed out that the husband of the petitioner is Accused No.2. He is involved in an offence under the provisions of the Narcotic Drugs and Psychotropic Substances Act.
Be that as it may, where the petitioner is the owner of the vehicle, I consider it appropriate to order for the interim custody of the seized vehicle pending disposal of the Sessions Case before the trial Court.
Accordingly, the Criminal Revision Case is allowed. The petitioner is granted interim custody of the Tata Sumo Vehicle bearing registration No.AP05-TV-0363 subject to the proof of her ownership on a bond of Rs.5,00,000/- (Rupees Five Lakhs only) together with two sureties in a like sum to the satisfaction of the I Additional Sessions Judge, Warangal subject to the following conditions:
i) That the petitioner shall produce the vehicle before the trial Court as and when directed by the trial Court;
ii) That the petitioner shall not alienate or otherwise dispose of the vehicle without prior permission of the trial Court; and
iii) That the petitioner shall not alter the shape or condition of the vehicle without prior permission of the trial Court.
Miscellaneous Petitions, if any pending in this revision, shall stand closed.
K.G. SHANKAR, J Date: 16.04.2013 Isn