IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 20939 of 2014 BETWEEN P.Purushotham AND ... PETITIONER The State of Andhra Pradesh, rep. by its Principal Secretary, Department of Home, Secretariat Buildings, Hyderabad and another ...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Petitioner, who claims to be owner of vehicle bearing No.AP 20TC 4781, alleges that his vehicle was seized by the Station House Officer, Jeelugumilli Police Station. On 07.07.2014 on noticing that the said vehicle was carrying liquor bottles illegally, two persons were arrested and the vehicle was seized and kept in the police station for safe custody. It is stated that a report to that effect together with Form 66 was submitted on 02.08.2014 before the Court of Judicial Magistrate of First Class, Jangareddygudem. Petitioner states that he was not aware of the driver of the vehicle using the vehicle for the aforesaid illegal transportation. Since the vehicle is said to be on hire purchase finance, on which the petitioner is dependant for his livelihood, he would suffer irreparable injury on allowing the vehicle to be kept in the police station unused and unprotected.
He, therefore, seeks release of the vehicle subject to appropriate conditions and undertakes to produce the vehicle as and when required for the purpose of investigation.
3. In view of the fact that the said report of vehicle along with the seized material is deposited with the Judicial Magistrate of First Class, Jangareddygudem, the writ petition is disposed of giving liberty to the petitioner to approach the said court for interim custody of the vehicle and if such an application is made, the Judicial Magistrate of First Class, Jangareddygudem, shall consider the said application on a priority basis and pass appropriate orders.
Writ petition is, accordingly, disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J August 5, 2014 Note:
Furnish copy by 06.08.2014.
{B/o} LMV