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
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Crl.P. No.13099 of 2024
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
AIR 2003 SC 638
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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/-
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(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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