Divvela Ranganath Vs The State of Ap.,rep by its Public Prosecutor

HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12415 of 2011

ORDER:

The petitioner-Accused No.3 preferred this Criminal Petition challenging the First Information Report No. 107 of 2011 of Nekkonda Police Station, Warangal District.

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Heard.

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After arguing the matter for some, the learned counsel for the petitioner confined his argument only for release of the vehicle.

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Considering the submissions made by the learned counsel for the petitioner, this Court is of the view that the petitioner can file an application before the learned trial Court, where the property is deposited, for return of the vehicle.

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Admittedly, the vehicle belongs to the petitioner herein. Even though he was arrayed as an accused and the said vehicle was loaded with soyabeans oil, it is not adulterated one. The case of the petitioner is that the same is supplied for some other purpose. The learned counsel for the petitioner submitted that there are no grounds to proceed against the petitioner-accused No.3, since the seized oil is not adulterated one and even if it is sold for the purpose of consumption in open market, it is not an offence.

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Under these circumstances, this Court is of the

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view that the matter has to be investigated by the investigating agency, at the same time, the learned trial Court is directed to release the vehicle along with the Oil involved in the crime on filing a petition by the petitioner subject to the establishing his ownership over the Oil Tanker bearing No. AP 07TA 3886.

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Accordingly, the Criminal Petition is disposed of.

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_____________ RAJA ELANGO, J

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7.12.2011 CHV

Divvela Ranganath v. The State of Ap.,rep by its Public Prosecutor

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Divvela Ranganath v. The State of Ap.,rep by its Public Prosecutor

Case brief

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What the court decided

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