Rudrakshi Venkataiah, Vs The State of Andhra Pradesh

HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION NO. 9964 of 2011

ORDER :

The petitioner has approached this Court with a prayer to return the vehicle i.e., Hero Honda Motor Cycle bearing Registration No. AP24-R-3079, which was seized in connection with Crime No.1008 of 2010-11 of Nalgonda Prohibition and Excise Station, Nalgonda District.

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2) Heard.

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3) Learned counsel for the petitioner submitted that the petitioner filed an application before the Judicial Magistrate of First Class, Nalgonda, for interim custody of his vehicle, but the same was returned with an endorsement that it has no jurisdiction to entertain the said petition.

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4) I have perused the record and I am of the considered opinion that provisions under Section 451 Cr.P.C., for interim custody of the vehicle, can be invoked irrespective of the stage of investigation and filing of the charge sheet. There is no dispute that the vehicle in question belongs to the petitioner herein.

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5) Considering the above circumstances, it is directed that Hero Honda Motor Cycle bearing Registration No. AP-24-R-3079 shall be released for interim custody of the petitioner, subject to final orders to be passed at the time of disposal of main case, on executing a personal bond for Rs.10,000/- (Rupees Ten Thousands only) with two sureties. It is further directed that the petitioner shall not alienate the vehicle, shall not change the physical features of the same till the disposal of the criminal case and further he shall undertake to produce the vehicle as and when required by the Court.

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6) Accordingly, the Criminal Petition is disposed of.

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________________________ JUSTICE RAJA ELANGO

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Date: 17.10.2011 CHV

Rudrakshi Venkataiah, v. The State of Andhra Pradesh

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Rudrakshi Venkataiah, v. The State of Andhra Pradesh

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