IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY SECOND DAY OF MAY, TWO THOUSAND AND FOURTEEN : PRESENT:
THE HON’BLE SRI JUSTICE: M.S.K.JAISWAL CRIMINAL PETITION No. 5596 of 2014 Between:
M.Bharathamma, W/o. Chenna Rayudu Goud Petitioner/Owner of Crime Vehicle AND
1. State of A.P., through SHO, Vanasthalipuram P.S., rep by Public Prosecutor, High Court of A.P., Hyderabad.
2. The Deputy Commissioner of Proh & Excise, Ranga Reddy District.
Respondents/Respondents Petition under Section 482 R/w. Sec. 451 & 457 of Cr. P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to pass orders directing the respondents to release petitioner’s car bearing No. AP-29BM-0333 forthwith seized in connection with Crime No. 356/2014 of Vanasthalipuram P.S., Cyberabad by permitting the petitioner to furnish third party surety to meet the ends of justice.
The Petition coming on for hearing upon perusing the petition and grounds filed herein and upon hearing the arguments of Sri Jithender Rao Veeramalla, Advocate for the Petitioner and of the Public Prosecutor for the Respondent No.1, the Court made the following ORDER:
“ This Criminal Petition is filed under Section 482 read with Sections 451 and 457 Cr.P.C., seeking to direct the respondents to release the petitioner’s Innova Car bearing No.AP-29BM-0333 forthwith seized in connection with Crime No.356/2014 of Vanasthalipuram Police Station, Cyberabad, for the offence punishable under Section 34(a) of A.P. Excise Act, 1968.
The petitioner is said to be the owner of the Innova Car bearing No.AP-29BM-0333. It is alleged that 36 beer bottles were being transported without permission. The vehicle has been seized by the excise officials. It is submitted that if the vehicle is allowed to be kept in their custody, it is likely to get damaged due to wear and tear. The petitioner has produced the copy of the Registration Certificate, which shows that she is the owner of the vehicle.
Considering the above circumstances, the Innova Car bearing No.AP-29BM-0333 is directed to be released to the petitioner on her furnishing a personal bond for Rs.5,00,000/- (Rupees Five Lakhs only) with two sureties for a like sum each to the satisfaction of the first respondent - Station House Officer, Vanasthalipuram Police Station, Cyberabad and on further condition that the petitioner shall deposit the original Registration Certificate of the vehicle into the Court and to undertake to produce the vehicle before the Court as and when directed and also not to change its appearance.
Accordingly, the Criminal Petition is allowed.”
ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR ..2..
To
1. The VII Metropolitan Magistrate, Cyberabad Court at Hayathnagar.
2. The SHO, Vanasthalipuram Police Station, Cyberabad.
3. The Deputy Commissioner of Proh & Excise, Ranga Reddy District.
4. Two CCs to the Public Prosecutor, High Court of A.P.Hyd(OUT)
5. One CC to Sri Jithender Rao Veeramalla, Advocate (OPUC)
6. One spare copy.
SAH HIGH COURT MSKJJ DATED: 22-05-2014 ORDER CRL.P.NO. 5596 OF 2014 DIRECTION DRAFTED BY: SAH APPROVED BY: DRAFTED ON: 23-05-2014 HIGH COURT MSKJJ DATED: 22-05-2014 ORDER CRL.P.NO. 5596 OF 2014 DIRECTION