This order directs the return of a seized vehicle to the petitioner in interim custody subject to the execution of a personal bond and an undertaking not to alienate the vehicle.
The vehicle shall be entrusted to the interim custody of the petitioner subject to a personal bond and an undertaking not to alienate the vehicle.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9827 of 2011
ORDER:
Petitioner approaches this Court with a prayer to return the vehicle bearing registration No. AP 24 R 8167, involved in Crime No. 60 of 2011-12 on the file of the Station House Officer, Prohibition & Excise Station, Nalgonda, Nalgonda District, for offences punishable under Sections 7(a) read with 8(e) of A.P. Prohibition Act, 1995.
Heard.
I n Sunderbhai Ambalal Desai v. State of Gujarat ([1] ) , 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 vehicle has to be entrusted to the interim custody of the petitioner subject to appropriate conditions.
In the result, the Criminal Petition is allowed and the vehicle bearing Registration No. AP 24 R 8167, involved in Crime No. 60 of 2011-12 on the file of the Station House Officer, Prohibition & Excise Station, Nalgonda, Nalgonda District shall be entrusted to the interim custody of the petitioner, subject to the condition of the petitioner executing a personal bond for Rs.20,000/- (Rupees Twenty Thousand Only) with one surety for the likesum to the satisfaction of the said Station House Officer. Further, the petitioner shall give an undertaking that he shall not alienate the said vehicle and shall produce the same as and when required in connection with the said crime.
________________________ JUSTICE RAJA ELANGO
Dated :13.10.2011 pnb
[1] (2002) 10 SCC 283
1 issue framed by the court
Whether the vehicle seized during investigation should be returned to the petitioner in interim custody subject to conditions.
Colour shows how this judgement treated each authority
Sunderbhai Ambalal Desai v. State of GujaratFollowed¶5
Sunderbhai Ambalal Desai v. State of Gujarat (2002) 10 SCC 283 · Who else cites this
2 provisions across 2 enactments
Petitioner
Station House Officer, Prohibition & Excise Station, Nalgonda
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
