Allowed

Bada Sakru, v. The State of Andhra Pradesh

Telangana HC19 Jan 2011CRLP/270/2011

Case brief

AI extract

What is this about?

This court allowed a criminal petition seeking release of a vehicle seized in connection with a prohibition offence. The court ordered the release of the vehicle upon the petitioner executing a bond of Rs. 10,000 with two sureties and providing an undertaking to produce the vehicle as required and not alienate it during proceedings.

What did the court decide?

Release of vehicle bearing No. AP 20 R 8742 subject to execution of a bond of Rs. 10,000 with two sureties and undertaking to produce vehicle as required and not alienate it.

Bada Sakru, Vs The State of Andhra Pradesh — Cheque Dishonour | Telangana HC (2011)

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HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No:270 OF 2011

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ORDER:

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The petitioner filed this petition under Section 482 read with Section 457 of Cr.P.C. seeking release of the vehicle bearing No. AP 20 R 8742 seized in connection with Crime No. PR.660/10-11 on the file of the Prohibition & Excise Police Station, Kothagudem.

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A case was registered against the petitioner herein for the offence punishable under Section 7(A) read with 8(e) of A.P. Prohibition Act on 10.9.2010 on the file of the Prohibition & Excise Police Station, Kothagudem and in that connection, the Excise Police seized the said vehicle on the allegation that the petitioner was transporting I.D. liquor. Hence, the present petition.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the said case and he has not committed any offence. He further stated that the panchanama also does not disclose that the petitioner has committed any such offence as alleged and the respondents have seized the vehicle illegally.

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Under the circumstances, this Court is of the view that the said vehicle can be ordered to be released in favour of the petitioner by imposing certain conditions.

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Accordingly, this petition is allowed and the vehicle bearing No. AP 20 R 8742 shall be released in favour of the petitioner subject to the condition of the petitioner executing a bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the I Additional Judicial First Class Magistrate, Kothagudem, Khammam District. He shall also give an undertaking before the Court below that he will produce the vehicle in question as and when required and he shall not alienate the same during the course of enquiry, investigation and trial.

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Subject to the above conditions, the Criminal Petition is

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allowed.

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____________________________ GOPALA KRISHNA TAMADA,J

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Dated: 19.1.2011 Note: Furnish c.c. in three days. B/o pnb

Bada Sakru, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Bada Sakru, v. The State of Andhra Pradesh

Case brief

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What did the court decide?

What the court decided

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