Telangana High Court
Tarif vs State Of Telangana on 12 November, 2024
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
CRIMINAL PETITION No.13099 OF 2024
O R D E R:
This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner seeking to set-aside the order dated 08.10.2024 in Crl.M.P.No.857 of 2024 in Cr.No.136 of 2024 on the file of Principal Judicial Magistrate of First Class, Jadcherla District Mahaboobnagar (trial Court).
2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of respondent No.1 - State. Perused the entire material on record.
3. The petitioner herein claiming to be the owner of the said crime vehicle, filed an application before trial Court through Special Power of Attorney holder EVV,J Crl.P. No.13099 of 2024 2 seeking interim custody of Container/Lorry bearing No.RJ-11-GC-5974 and the same was dismissed on 08.10.2024. Aggrieved by the same, the present Criminal Petition is filed seeking to set-aside the impugned order.
4. In Sunderbhai Ambalal Desai vs. State of Gujarath 1, the Hon'ble Apex Court held that whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles. Various High Courts in the judgments stated above, after referring to various provisions of the Act, including Sections - 52- A, 60 and 63 and various provisions of Cr.P.C., and 1 AIR 2003 SC 638 EVV,J Crl.P. No.13099 of 2024 3 also the principle laid down in Sunderbhai Ambalal Desai case (cited supra), ordered to be released the vehicles seized in the crimes for the offences under the Act.
5. In view of the above said legal position, this Criminal Petition is allowed, directing the Station House Officer, Balanagar Police Station, Mahabubnagar District, to produce the crime vehicle (i.e., Container/Lorry bearing No.RJ-11-GC-5974) before the designated Court within a period of two (02) weeks from the date of receipt of a copy of this order. On such deposit, the designated Court shall return the crime vehicle to the petitioner/owner of the vehicle on proper verification of ownership as an interim custody on the following conditions.
i) The petitioner/owner of the crime vehicle shall furnish a personal bond for a sum of Rs.35,00,000/-
EVV,J Crl.P. No.13099 of 2024 4 (Rupees Thirty five lakhs only) with one surety for a like sum to the satisfaction of the designated Court.
ii) He shall deposit the original registration certificate in respect of the crime vehicle with the designated Court. However, the designated Court shall issue its certified copy to the petitioner to enable him to ply the vehicle on road without there-being any hindrance; and
iii) He shall give an undertaking to the effect that he shall produce the crime vehicle as and when required either before the Investigating Officer or before the Court and that he shall not alienate, alter or change the nature of vehicle.
As a sequel, miscellaneous petition, if any, pending shall stand closed.
______________________ E.V. VENUGOPAL, J Dt: 12.11.2024.
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