Telangana High Court
Mr. Brij Kishore Harkut vs The State Of Telangana on 30 November, 2022
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.10619 OF 2022
ORDER:
1. The present Criminal Petition is filed under Section 482 of Code of Criminal Procedure(for short 'Cr.P.C.') questioning the order, dated 17.08.2022 passed in C.C.No.1728 of 2022 in Crl.M.P.No.1466 of 2022 in Crime No.651 of 2022 on the file of the learned II Additional Metropolitan Magistrate, Malkajgiri.
2. The facts in issue are that the petitioner is the owner of the TATA Ace Four Wheeler and trolly bearing No. TS-09-UB- 4592 and on 28.06.2022 the said vehicle was seized from the possession of accused in Crime No.651 of 2022 of Kusaiguda Police Station, Rachakonda, which was registered for the offences punishable under Section 420 of I.P.C. The said vehicle is in the custody of the Police, the petitioner claiming to be the owner of the said vehicle, filed a petition in Crl.M.P.No.1466 of 2022 before the learned II Additional Metropolitan Magistrate, KS,J Crl.P.No.10619 of 2022 2 Malkajgiri, seeking interim custody of the vehicle. Aggrieved by the orders in Crl.M.P.No.1446 of 2022, the petitioner filed C.C.No.1728 of 2022 before the II Additional Junior Civil Judge cum II Additional Metropolitan Magistrate, Malkajgiri, seeking to set aside the order vide in Crl.M.P.No.1446 of 2022. By docket order, dated 17.08.2022, the II Additional Junior Civil Judge cum II Additional Metropolitan Magistrate, Malkajgiri, rejected the application. Challenging the same the present petition is filed.
3. Learned counsel for the petitioner submits that there is every possibility of the vehicle getting damaged, if they are kept exposed to air, sun and rain at the Court premises and hence seeks interim custody of the vehicle. Learned Additional Public Prosecutor though opposed the petition, but did not dispute the ownership of the vehicle.
4. In Surenderbhai Ambalal Desai v. State of Gujarat1, the Apex Court has laid down that in case of vehicles seized during investigation, they should not be allowed to deteriorate by 1 (2002) 10 SCC 283 KS,J Crl.P.No.10619 of 2022 3 being kept unused and unattended in the premises of the Police Stations. Therefore, the vehicles have to be entrusted to the interim custody of the petitioner subject to appropriate conditions.
5. Since there is no dispute with regard to the ownership of the vehicle and having regard to the principles of law laid down by the Apex Court in the decision stated supra, this Court is inclined to grant interim custody of TATA Ace Four Wheeler and trolly bearing No. TS-09-UB-4592 seized in Crime No.651 of 2022 of Kusaiguda Police Station, Rachakonda, in favour of the petitioner on the following terms.
i) The petitioner shall execute a personal bond for Rs.30,000/- (Rupees thirty thousand only) with one surety for a like sum to the satisfaction of the learned II Additional Junior Civil Judge cum II Additional Metropolitan Magistrate, Malkajgiri.
ii) The petitioner shall deposit the original Registration Certificate of the vehicle in the Court. However, the trial Court shall issue a certified copy of the registration certificate to the petitioner so KS,J Crl.P.No.10619 of 2022 4 that no inconvenience is caused to him while using the vehicle.
iii) The petitioner shall give an undertaking to produce the vehicle as and when required either by the Investigating Agency or the Court and also give an undertaking that he will not alienate, encumber or alter the physical features of the vehicle.
Accordingly, the Criminal Petition is disposed of. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_______________ K.SURENDER, J 30.11.2022.
Gms/Sus KS,J Crl.P.No.10619 of 2022 5 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10619 of 2022 30.11.2022 Gms/Sus