In a criminal revision under Sections 397 and 401 Cr.P.C., the High Court directed the release of a seized Auto-rickshaw to the petitioner-owner for interim custody upon executing a personal bond and undertaking, without precluding confiscation proceedings.
Release of Auto-rickshaw No. AP-24-X-7442 for interim custody subject to bond and undertaking.
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 HON'BLE SRI JUSTICE RAJA ELANGO
Crl.R.C.No.2004 of 2012
ORDER
Petitioner preferred the present criminal revision case by invoking the provision under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved by the docket order dated 15.10.2012 passed in C.F.R.No.2575 of 2012 in Cr.No.437 of 2012-2013 by the learned Special Judicial First Class Magistrate (Prohibition and Excise) Offences, Nalgonda, whereunder and whereby the petition filed under Section 451 Cr.P.C for interim custody of the vehicle i.e., Auto bearing No.AP-24-X-7442, was returned.
2. Heard.
3. Learned counsel for the petitioner submitted that the petitioner is the owner of the aforesaid vehicle and if the vehicle is kept idle for a long period, it will get damaged and hence, he prays to allow the petition.
4. Learned Additional Public Prosecutor opposed for the same.
5. Considering the facts and circumstances, it is directed that the vehicle i.e., Auto bearing No. AP-24-X-7442, shall be released to the petitioner for interim custody, subject to final orders to be passed in the main case, on his executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) with one surety for a like sum to the satisfaction of the Special Judicial First Class
Magistrate (Prohibition and Excise) Offences, Nalgonda and subject to production of all the documents relating to the vehicle in question. The petitioner shall also give an undertaking not to sell, alter or alienate the said vehicle and produce the same as and when directed by the trial court. However, this order does not preclude the authorities concerned from proceeding with the confiscation proceedings.
6. With the above directions, the Criminal Revision Case is allowed. Consequently, the Miscellaneous Petitions filed in this revision, if any, shall stand closed.
______________________ JUSTICE RAJA ELANGO
17th October, 2012 sj
1 issue framed by the court
Whether to grant interim custody of the Auto-rickshaw to the petitioner pending disposal of the main proceeding.
2 provisions across 1 enactments
Petitioner
State
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
