Single judge order directing release of a seized lorry on personal bond and surety for interim custody, subject to final orders and confiscation proceedings.
Direction to SHO to release vehicle on petitioner executing bond of Rs.1,50,000 with one surety, subject to final orders and confiscation proceedings.
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THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL
Crl.P.No.8310 of 2016
ORDER
This petition under Section 482 r/w.457 Cr.P.C. is filed by the petitioner seeking to direct the Station House Officer, Gudur Prohibition and Excise Station, Warangal to forthwith release the lorry bearing No.AP-23-W-2401 worth Rs.1,50,000/- seized in C.O.R.No.112/2016 registered for the offence under Sections 34(e) of A. P. Excise Act, 1968 and 7(a) read with 8(e) of A. P. Prohibition Act, 1995.
2. Heard learned counsel for the petitioner and learned Public Prosecutor for the State.
3. The case of the petitioner is that he is the registered owner of lorry bearing No.AP-23-W-2401 and that he has engaged one Mr. Bandi Mahesh as driver of the said vehicle and on 7.6.2016 when the said vehicle was parked at A.L. Khanapur Petrol pump, Khanapur village and mandal, Warangal District, the Excise officials intercepted the vehicle and seized the vehicle and registered the office as stated above.
4. Learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle and if the vehicle is kept idle for a long period, there is every possibility of it getting damaged. He further submitted that the petitioner is ready to furnish sufficient surety and also produce the vehicle as and when required by the Court.
5. Learned Additional Public Prosecutor objects for the same since the vehicle is involved in a crime.
6. Considering these circumstances, it is directed that the vehicle No.AP-23-W-2401 shall be released for interim custody of the petitioner,
subject to final orders to be passed in the main case, on the petitioner executing a personal bond for Rs.1,50,000/- (Rupees one lakh fifty thousand only) with one surety for the like sum to the satisfaction of learned Special Judicial First Class Magistrate, Narsampet, Warangal District and also on production of original R.C. book. It is further directed that the petitioner shall not alienate or change the physical features of the same till the disposal of the criminal case and further the petitioner shall undertake to produce the vehicle as and when required by the Court. However, it is made clear that the present order will not stand in the way of any confiscation proceedings. If already confiscation orders are passed, this order need not be given effect to.
7. Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this petition, shall stand closed.
______________________ JUSTICE M.S.K.JAISWAL
14—06—2016 avs
1 issue framed by the court
Whether the seized vehicle involved in an excise offence be released on bail for interim custody.
3 provisions across 3 enactments
Registered owner of lorry No.AP-23-W-2401
The State
M.S.K.JAISWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
