Allowed

N. Naidu, S/o. Ramulu v. The Assistant Director of Mines and Geology

Telangana HC13 Aug 2012WP/24712/2012

Case brief

AI extract

What is this about?

This order grants interim custody of a seized vehicle to the petitioner despite the charge of illegal sand transportation. The court directed release pending investigation upon security deposit and an undertaking against alienation.

What did the court decide?

Vehicle to be released to the petitioner subject to a security deposit of Rs.20,000 and an undertaking not to alienate the vehicle.

N. Naidu, S/o. Ramulu Vs The Assistant Director… — Writ and Judicial Review | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.24712 OF 2012

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ORDER:

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This Writ Petition is filed questioning the action of the respondents in seizing the vehicle bearing No.AP 31 TT 6867 of the petitioner.

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The petitioner states that the first respondent had seized the subject vehicle on 07.08.2012 on the ground of illegal transportation of sand without permission from the Mines and Geology Department and handed over the said vehicle to the second respondent for safe custody. Hence, the petitioner seeks for interim custody of the subject vehicle.

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Learned Assistant Government Pleader for Mines and Geology, on instructions, states that as the petitioner was transporting the sand illegally which is an offence punishable under Section 379 IPC, interim custody of the vehicle cannot be granted to the petitioner.

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The first respondent seized the subject vehicle on the ground that the driver had failed to produce transit pass and handed over its custody to the second respondent. If the vehicle is exposed to sun and rain and is kept idle, it would be damaged. Even if a person accused of an offence punishable under Section 379 IPC is convicted the vehicle is not liable to be confiscated. However, since the vehicle is the subject matter of the criminal case, it has to be preserved till the conclusion of the trial.

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Therefore, the Writ Petition is disposed of directing the respondents to forthwith release the subject vehicle to the interim custody of the petitioner subject to the petitioner depositing Rs.20,000/- (Rupees Twenty Thousand Only) and on filing an

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undertaking to the effect that he would not alienate, sell, encumber or transfer the subject vehicle in favour of third parties, pending investigation and trial and he shall produce the vehicle as and when required by the competent authority. No costs. Miscellaneous Petitions, if any, pending shall stand

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closed.

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K.C.BHANU, J

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Date: 13.08.2012 usd

N. Naidu, S/o. Ramulu v. The Assistant Director of Mines and Geology

Case brief

What is this about?

What did the court decide?

N. Naidu, S/o. Ramulu v. The Assistant Director of Mines and Geology

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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