Kuruba Lingappa Gari Naga Raju vs The State Of Andhra Pradesh
2023 Latest Caselaw 5289 AP

     THE HON'BLE SRI JUSTICE T. MALLIKARJUNA RAO

       CRIMINAL REVISION CASE No. 853 OF 2023

ORDER:-

1.     This petition is filed by the petitioner/accused u/Sec.482

of Cr.P.C., seeking to set aside the order, dated 23.08.2023, in

Crl.M.P.No.518 of 2023 in Crime No.152 of 2023 on the file of

Judicial Magistrate of First Class, Hindupur, wherein


2.     Heard both sides.


3.     Learned counsel for the petitioner contends that the

Hindupur Rural Police has registered a case in Crime No.152 of

2023 for the offences under Section 447, 385, 342, 427, 307,

506 r/w. 34 I.P.C against the petitioner/accused; seized the

JCB No. AP 39 LQ 5755 and kept the same in the Police

Station. He further contends that if the vehicle is kept idle, it

will get damaged. Hence, filed the present application for

return of the said vehicle.


4.     Learned    Assistant    Public    Prosecutor,    for   the

Respondent/State reported no objection.

5. Perused the material on record.

6. The petitioner/accused has produced the xerox copy of

the R.C. of the said vehicle. It shows that the petitioner is the

owner of the said vehicle.

T.M.R., J

7. Learned counsel for the petitioner placed reliance on the

landmark judgment in Sunderbhai Ambalal Desai vs.

State of Gujarat1, wherein the Hon'ble Supreme Court

observed that there will be no use to keep the seized vehicles

at the Police stations for the long period and the Hon'ble

Supreme Court directed the Courts to exercise the powers

under Section 451 Cr.PC. expeditiously and judiciously and

interest interim custody of vehicles seized to the owner of the

property or the person who is entitled to be in possession of

property and the owner of the property would not suffer

because of its remaining unused or by its misappropriation. If

Proper Panchanama before handing over the possession of the

article is prepared, that can be used in evidence instead of its

production of article before the Court during trial.

8. In Sundaram Finance Limited Vs. The State of

Tamil Nadu2, the High Court of Madras observed as under:

"This Court is of the firm opinion that return of

vehicles and permission for sale thereof should be the

general norm rather than the exception it is today. None

gain when the mere shell or the remnants of the vehicle

are returned to the person entitled thereto, after

completion of the trial. It would be no surprise to find that

several vehicles have not been so much as claimed after

AIR 2003 (SC) 638

2011 (1) MWN (Crl) 437 T.M.R., J

completion of trial, because of the worthless state they

have been reduced to".

9. This Court is of the view that if the vehicle is kept idle, it

will get damaged, ruined and rusted and not only that but it

will also ultimately become unsalable and unserviceable.

Since the vehicle has been in the custody of police from the

date of its seizure and as the police do not require the vehicle

for any further investigation, no beneficial purpose would be

served by keeping the vehicle in the custody of police or

Court. The fact of Registration is only relevant for enquiry into

the title of the vehicle and consequent possession. The

person, in whose name, the vehicle is registered under Motor

Vehicle Act, prima facie is entitled to its possession. Since the

petitioner has placed Xerox copy of R.C. of crime vehicle,

which stands in the name of the petitioner, this Court is of

view that he is entitled to have the possession of vehicle and

furthermore, no other party claimed right over the vehicle so

far.

10. Taking into consideration of the above decisions and

considering the submissions made by learned Counsel for the

petitioner, the Criminal Revision Case is allowed at the

admission stage, granting interim custody of JCB No. A.P. 39

LQ 5755 to the petitioner/accused, on compliance of the

following conditions:

T.M.R., J

a) The interim custody of JCB is ordered to be entrusted to

the petitioner/accused till the disposal of the main case

before trial Court, on his executing a personal bond for

sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs

only) with one surety for a like sum to the satisfaction of

the Investigating Officer.

b) The petitioner shall produce the original Registration

Certificate in respect of the said vehicle before

Investigation Officer at the time of release;

c) On being satisfied regarding the authenticity and

ownership of property and also on the letter of authority

said to be given to the petitioner/accused authorizing

him to get custody of vehicle, the Investigation Officer

is directed to return the said vehicle subject to

compliance of other conditions;

d) The petitioner/accused shall not alter, alienate or

encumber in any manner, the said vehicle till the

disposal of the case and to that effect the petitioner

shall give undertaking before the Investigation Officer;

e) The petitioner shall produce the vehicle as and when

required by the trial Court, without altering the colour or

other features of the vehicle without permission of the

Court, except carrying out necessary repairs;

T.M.R., J

f) The petitioner shall not use the said vehicle for any

illegal/unlawful purpose after taking delivery by him;

g) At the expenses of petitioner, the Photographs of the

JCB vehicle shall be taken to keep them in record; and

h) The Investigation Officer is directed to prepare

Panchanama at the time of delivery of JCB vehicle to the

Petitioner in the presence of mediators and submit the

bonds, photographs of the vehicle, Panchanama and

undertaking before the trial Court to keep them in the

record.

Miscellaneous applications, if any, shall stand closed.

___________________________________ JUSTICE T. MALLIKARJUNA RAO

Date: 04.11.2023 Note : Issue C.C. today B/o SAB