Telangana High Court
Rayaboina Parsharamulu vs The State Of Telangana on 22 May, 2020
Author: G. Sri Devi
Bench: G. Sri Devi
HONOURABLE JUSTICE G. SRI DEVI
CRIMINAL REVISION CASE No.342 of 2020
ORDER:
The present Criminal Revision Case is filed under Sections 397 and 401 of Cr.P.C., questioning the order dated 10.3.2020 in Crl.M.P.No.135 of 2020 passed by the learned Judicial Magistrate of First Class, Husnabad.
2. It is stated that the petitioner is the owner of the case property goods carriage i.e., Ashok Leyland Ltd bearing registration No.TS-02-UA-8942 and the case property was seized by the Police personnel of Chigurumamidi Police Station from the possession of the petitioner under the cover of panchanama in the presence of panchas. The Police seized the said lorry and registered a case in Crime No.8 of 2020 on the file of Chigurumamidi Police Station for the offence under Section 379 IPC. The petitioner claiming to be the owner of said lorry, filed Crl.M.P.No.135 of 2020 before the Court below seeking interim custody of the vehicle. By an order dated 10.3.2020, the learned Magistrate rejected the application. Challenging the same the present revision is filed.
3. Learned counsel for the petitioner submits that there is every possibility of the vehicle getting damaged if the same is kept exposed to air, sun and rain at the Court premises and hence, he seeks for interim custody of the vehicle.
4. Learned Additional Public Prosecutor though opposed the application, did not dispute the petitioner's ownership over the vehicle.
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5. In Surenderbhai Ambalal Desai v. State of Gujarat1, the Apex Court laid down that in case of vehicles seized during investigation, they should not be allowed to deteriorate by being kept unused and unattended in the premises of the Police Stations. Therefore, the vehicle has to be entrusted to the interim custody of the petitioner subject to appropriate conditions.
6. Since there is no dispute with regard to petitioner's ownership over the vehicle and having regard to the principles of law laid down by the Apex Court in the decision stated supra, I am inclined to grant interim custody of the lorry bearing No. TS-02-UA-8942, which was seized in Crime No.8 of 2020 on the file of Chigurumamidi Police Station, in favour of the petitioner on the following conditions.
i) The petitioner shall execute a personal bond for Rs.4,00,000/- (Rupees four lakhs only) with one surety for a like sum to the satisfaction of the Judicial Magistrate of First Class, Huzurabad.
ii) The petitioner shall deposit the certified copy of Registration Certificate of the vehicle before the Court below.
(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.
(iv) If the petitioner is found to be involved in similar type of offences in future, liberty granted to him to get his vehicle release shall stand cancelled automatically, and that the amount of personal bond and surety to be 1 (2002) 10 SCC 283 3 furnished by the petitioner shall be forfeited without any notice.
7. Accordingly, the Criminal Revision Case is disposed of. Consequently, miscellaneous petitions, if any pending in this revision, shall stand closed.
___________________ JUSTICE G.SRI DEVI 22nd May, 2020 dr