Allowed

B.Chandrasekhar v. The State of Ap.

Telangana HC23 Feb 2012CRLP/1985/2012

Case brief

AI extract

What is this about?

In this criminal petition under Section 482 Cr.P.C., the Court directed the release of a seized motorcycle to the petitioner for interim custody to prevent spoilage. The petitioner must execute a bond with a surety, produce relevant documents, and undertake not to alienate or alter the vehicle.

What did the court decide?

The seized Hero Honda Glamour Motor Cycle was entrusted to the petitioner's interim custody conditioned on executing a personal bond of Rs.10,000/- with one surety, producing relevant documents, and u

B.Chandrasekhar Vs The State of Ap. — Quashing and FIR | Telangana HC (2012)

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THE HON'BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION NO. 1985 OF 2012

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O R D E R:

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1) This Criminal Petition is filed, under Section 482 of Cr.P.C., with a prayer to direct the Special Judicial First Class Magistrate for Excise, Chittoor, Chittoor District, to forthwith release the Hero Honda Glamour Motor Cycle bearing No.TN23/AB-7390 seized in connection with Crime No.49 of 2011 of N.R. Pet police station, Chittoor District registered as C.C. No.250 of 2011 on the file of the learned Magistrate.

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2) Learned counsel for the petitioner has submitted that the petitioner is owner of the vehicle in question and since the date of seizure, it is in the custody of the police and if it is exposed to sun and rain, there is every likelihood of the vehicle being spoiled, that the petitioner has already filed a petition before the Special Judicial First Class Magistrate for Excise, Chittoor, for interim custody of the vehicle, but the learned Magistrate returned the said petition as not maintainable, and that the petitioner will give an undertaking that he would not alienate the vehicle or change its features and that she would produce the vehicle as and when directed by the Court.

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3) I n Sunderbhai Ambalal Desai Vs. State of

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Gujara t^[1] [ 1] the Apex Court has laid down that in case of

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vehicles seized during investigation, they should not be allowed to deteriorate by being kept unused and unattended in the premises of the police stations. The petitioner claims to be the owner of the vehicle in question. Therefore, the vehicle has to be entrusted to the interim custody of the petitioner subject to appropriate conditions.

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4) In view of the above, Hero Honda Glamour Motor Cycle bearing No.TN23/AB-7390, seized in connection with Crime No.49 of 2011 of N.R. Pet police station, Chittoor District, shall be entrusted to the interim custody of the petitioner on the following conditions:

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a) he shall execute a personal bond for Rs.10,000/- (Rupees ten thousand only) with one surety of the like sum to the satisfaction of the Special Judicial First Class Magistrate for Excise, Chittoor, Chittoor District;

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b) he shall produce all relevant document relating to the vehicle in question and undertake not to alienate the vehicle or alter its physical features; and

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c) he shall produce the vehicle before the Court concerned, as and when directed by the learned Magistrate.

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The Criminal Petition is allowed accordingly and the miscellaneous petitions, if any, filed along with the criminal petition shall stand closed.

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(K.C.BHANU, J.)

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23.02.2012 DRK

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THE HON'BLE SRI JUSTICE K.C.BHANU

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CRIMINAL PETITION NO. 1985 OF 2012

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Date: 23.02.2012

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(2002) 10 SCC 283

B.Chandrasekhar v. The State of Ap.

Case brief

What is this about?

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B.Chandrasekhar v. The State of Ap.

Case brief

What is this about?

What did the court decide?

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