Allowed

Panam Vijay Kumar at Vijay, v. The State of Andhra Pradesh

Andhra Pradesh HC18 Feb 2020CRLP/918/2020

Case brief

AI extract

What is this about?

Single-judge criminal court granted interim custody of a seized lorry to the accused petitioner under Section 482 Cr.P.C reading with Section 457 Cr.P.C, imposing conditions regarding bond, ownership proof, and vehicle maintenance.

What did the court decide?

Interim custody of the seized lorry granted to petitioner subject to proof of ownership, execution of bond of Rs. 2,00,000/- with surety, and adherence to conditions of maintenance and non-sale.

Panam Vijay Kumar at Vijay, Vs The State of Andhra… — Property and Title | Andhra Pradesh HC (2020)

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THE HON’BLE Ms.JUSTICE J.UMA DEVI

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CRIMINAL PETITION NO.918 OF 2020

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ORDER :

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This criminal petition is filed under Section 482 r/w 457 Cr.P.C seeking to release the vehicle i.e. lorry bearing No.AP 16 TU 4589 which was involved in Crime No.11 of 2020 of Nandigama Police Station, Nandigama, registered for the offences punishable under Section 7 of Essential Commodities Act.

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The learned counsel for the petitioner states that the petitioner is the bread winner of his family and he ekes out his livelihood by giving the seized vehicle on hire to third parties. By stating so, he requests the Court to order for release of the vehicle in favour of the petitioner.

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Learned Additional Public Prosecutor opposed the petition.

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The petitioner is accused in the above mentioned crime. As per the prosecution case, petitioner/ accused was found carrying PDS rice illegally without having any valid license and permit in the subject lorry. The investigation has not been completed so far. The petitioner is the owner of the seized vehicle.

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After hearing the learned counsel for the petitioner, this Court is of the opinion that keeping the vehicle in the custody of the police will serve no purpose, and on the other hand, its value gets diminished day by day as there is every likelihood of vehicle getting damaged due to its exposure to hot sun-rays, rains and other climatic conditions.

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Accordingly, the Criminal Petition is disposed of. Interim custody of the seized vehicle i.e., lorry bearing No.AP 16 TU 4589 be granted to the petitioner/accused, subject to the condition that the petitioner shall prove his ownership over the said vehicle and

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execute a personal bond for a sum of Rs.2,00,000/- (Rupees two lakhs only) together with one surety in a like sum to the satisfaction of the Additional Judicial Magistrate of First Class, Nandigama, Krishna District and also on further conditions, viz.,

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(i) the petitioner shall not tamper with the vehicle in any manner and shall maintain the vehicle as it stands as on today;

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(ii) the petitioner shall deposit the title documents and produce the vehicle as and when directed by the trial Court;

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(iii) the custody is only interim custody; consequently the petitioner shall not put the vehicle to any use other than his personal use, and

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(iv) the petitioner shall not sell or otherwise dispose of or alienate the vehicle until disposal of the main case in the connected crime.

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Pending miscellaneous petitions, if any, shall stand closed in

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consequence.

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________________ J. UMA DEVI, J

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Dated 18.02.2020 KA

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Panam Vijay Kumar at Vijay, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Panam Vijay Kumar at Vijay, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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