Telangana High Court
Laspuri Rajamma vs The State Of Telangana And Another on 29 November, 2022
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.10582 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 26.10.2022 passed in Crl.R.P.No.20 of 2022 in Crl.M.P.No.596 of 2022 in Crime No.156 of 2022 on the file of the learned Principal Sessions Judge, Peddapalli.
2. The facts in issue are that the petitioner is the owner of the Bajaj Auto bearing No.TS-22-T-8185 and on 24.04.2022 the said vehicle was seized from the possession of accused in Crime No.156 of 2022 of Godavarikhani-I Town Police Station, which was registered for the offences punishable under Section 379 read with 34 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.596 of 2022 before the I Additional First Class Judicial Magistrate at Godavarikhani, seeking KS,J Crl.P.No.10582 of 2022 2 interim custody of the vehicle. Aggrieved by the orders in Crl.M.P.No.596 of 2022 dated 24.06.2022, the filed Cr.P.No.20 of 2022 before the Principal Sessions Judge, Peddapalli seeking to set aside the order dated 24.06.2022. By an order, dated 26.10.2022, the Principal Sessions Judge, Peddapalli, 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 being kept unused and unattended in the premises of the Police Stations. Therefore, the vehicles have to be entrusted to the 1 (2002) 10 SCC 283 KS,J Crl.P.No.10582 of 2022 3 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 Bajaj Auto (three wheeler) bearing No.TS-22-T-8185 seized in Crime No.156 of 2022 of Godavarikhani-I Town Police Station, in favour of the petitioner on the following terms.
i) The petitioner shall execute a personal bond for Rs.50,000/- (Rupees fifty thousand only) with one surety for a like sum to the satisfaction of the learned Principal Sessions Judge, Peddapalli.
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 that no inconvenience is caused to him while using the vehicle.
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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 29.11.2022.
Gms KS,J Crl.P.No.10582 of 2022 5 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10582 of 2022 Date: 29.11.2022 gms