Telangana High Court
Gundlapalli Manjula vs The State Of Telangana, on 2 February, 2023
Bench: K.Surender
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.1088 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 read
with Section 451 and 457 of the Code of Criminal
Procedure, 1973, to release of Pulsar Motor Cycle Vehicle
bearing No.TS-24-G-2376 seized in F.I.R.No.238 of 2022
dated 10.08.2022 on the file of Narsampet Police Station,
Warangal district registered under Sections 8(c) read with
20 (b)(ii)(C) of Narcotic Drugs and Psychotropic Substances
Act, 1985.
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 learned
Judicial First Class Magistrate, Narsampet. The same was
Crl.P. No.1088 of 2023
returned on 02.01.2023 with an endorsement "this Court
not having jurisdiction. Hence returned".
4. In Mohanlal1, the Hon'ble Supreme Court gave
certain guidelines in paragraph No.20, which are as
follows:
"20. To sum up we direct as under:
(1) No sooner the seizure of any Narcotic Drugs
and Psychotropic and controlled Substances and
Conveyances is effected, the same shall be
forwarded to the officer in-charge of the nearest
police station or to the officer empowered Under
Section 53 of Act. The officer concerned shall
then approach the Magistrate with an
application Under Section 52A(ii) of the Act,
which shall be allowed by the Magistrate as
soon as may be required Under Sub-Section 3 of
Section 52A, as discussed by us in the body of
this judgment under the heading 'seizure and
sampling'. The sampling shall be done under the
supervision of the magistrate as discussed in
paras 13 and 14 of this order.
(2) The Central Government and its agencies and
so also the State Governments shall within six
months from today take appropriate steps to set
up storage facilities for the exclusive storage of
seized Narcotic Drugs and Psychotropic and
controlled Substances and Conveyances duly
equipped with vaults and double locking system
to prevent theft, pilferage or replacement of the
(2016)3 SCC 379
Crl.P. No.1088 of 2023
seized drugs. The Central Government and the
State Governments shall also designate an
officer each for their respective storage facility
and provide for other steps, measures as
stipulated in Standing Order No. 1/89 to ensure
proper security against theft, pilferage or
replacement of the seized drugs.
(3) The Central Government and the State
Governments shall be free to set up a storage
facility for each district in the States and
depending upon the extent of seizure and store
required, one storage facility for more than one
districts.
(4) Disposal of the seized drugs currently lying in
the police maalkhans and other places used for
storage shall be carried out by the DDCs
concerned in terms of the directions issued by us
in the body of this judgment under the heading
'disposal of drugs'."
5. In Sunderbhai Ambalal Desai2, 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
(2002) 10 SCC 238
Crl.P. No.1088 of 2023
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 also the
principle laid down in Sunderbhai Ambalal Desai and
Mohanlal, ordered to be released the vehicles seized in the
crimes for the offences under the Act.
6. In view of the above said legal position, this Criminal
Petition is allowed, directing the Station House Officer,
Narsampet Police Station, Warangal district, to produce
the crime vehicle (i.e., Pulsar Motor Cycle Vehicle bearing
No.TS-24-G-2376) before the designated Court (learned
Judicial First Class Magistrate, Narsampet) within a
period of one (01) week 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.20,000/- (Rupees
Crl.P. No.1088 of 2023
Twenty thousand only) with one surety for a like sum to
the satisfaction of the designated Court i.e., leaned
Judicial First Class Magistrate, Narsampet.
ii) She 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 her to ply
the vehicle on road without there-being any hindrance;
and
iii) She shall give an undertaking to the effect that
she shall produce the crime vehicle as and when required
either before the Investigating Officer or before the Court
and that she shall not alienate, alter or change the nature
of vehicle.
As a sequel, miscellaneous petition, if any, pending
shall stand closed.
_________________
K.SURENDER, J
Date: 02.02.2023
tmk
Crl.P. No.1088 of 2023
Crl.P. No.1088 of 2023
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.1088 OF 2023
Date: 02.02.2023
tmk
