Allowed

Gandikota Shekar v. The State of Telangana

Telangana HC5 Jul 2024CRLP/7121/2024

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 451 Cr.P.C to release a seized truck involving an owner claiming hardship. The court held that since the competent authority did not initiate alternative confiscation proceedings, the criminal petition for interim custody is maintainable.

What did the court decide?

Release of the seized Ashok Leyland truck to the petitioner subject to execution of a bond, deposit of Rs.25,000, and undertaking not to alienate the vehicle.

Gandikota Shekar Vs The State of Telangana — Environment and Pollution | Telangana HC (2024)

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IN THE HIGH COURT^{FOR THE STATE OF TELANGANA} AT HYDERABAD

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FRIDAY,THE FIFTH^{DAYOF JULY} TWO THOUSAND^{AND TWENTY FOUR}

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PRESENT

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THE HONOURABLE^{SMT JUSTICE K. SUJANA}

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CRIMINAL PETITION^{NO:7121 0F 2024}

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Between:

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Gandikota Shekar,^{S/o.Yellaiah Aged 36 years.Ocg' Labour Fl/o H No'4-43'Padire} Vliiige Vettareddypet^{IVlandal, RajannaSircilla District}

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...PETITIONERY^{OWNER OF PROPERTY}

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AND

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l.TheStateofTelangana,Rep.byitsPublicProsecutor,TelanganaHighCourt,' ifi"-r;;;JThrougfr sHO, Veti6reddypeta p.S., Rajanna Sircilla (Karimnasar) District.

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A.Srinivas Rao,^{S/o.Not knownto the petitione.rAged Major' OgcaHgad} - - conitaute (HC_370) yeilareddypet police Station Yellareddypet, HaJanna Sircilla District.

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...RESPONDENT/COMPLAINANTS

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PetitionunderSection4B2otCr.P.Cprayingthatinthecircumstances stated in the Memorandum^{of Grounds of criminalPetition, the High court may be} pleasedtoouashtheDocketorderdt'01.o5.2o24passedinCrl.M.P.No.113of 2024inCr.No.95ot2024inC.C.No.552of2024onthefileofHon.blelAddlJudicial Magistrate^{of First Class,sircilla, and to direct the Hon',ble I Addl.Judicial} t\4agistrate of First^{class, sircilla to releaseof the vehicleAshok LeylandLtd,} bearingRegistrationNo.TS23-T-86S3GoodsCarriage-LMV'withChassis No.lvB1AB422E9NRDB4769^{and Engine No.DNH053744Plrishcream colour, in} the interest of^justice.

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r.A. NO :1 OF 2024

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Petition under Section^{482 of cr.P.C praying that in the circumstances} stated in the Memorandum^{of Groundsof criminalPetition,the High court may be} p.leased to direct the Hon',ble^{I Add'|.Judicial lv'lagistrateof First class, Sircilla to}

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release of the vehicle Ashok Leyland Ltd., bearing Registration No.TS23-T-8683 Goods Carriage - Ll\4V, with Chassis No,NIB1AB422E9NRDB4769 and Engine No.DNH053744P lrish Cream Colour, pending disposal of the Criminal Petition, and pass

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l.A. NO: 2 OF 2024

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the N,4emorandum of Grounds of Criminal Petition,the High Court may be pleased to direct the Hon'ble lAddl. Judicial l\4agistrate of First Class, Sircilla to release of the vehicle Ashok Leyland Ltd., bearing Registratir:n No.T523-T-8683 Goods Carriage - LMV, with Chassis No.t\4B1AB422E9NRDB4769 and Engine No.DNH053744P lrish Cream Colour, pending disposal of the Criminal Petition.

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This Petition coming on for hearing,upon perusing tl-re Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MEGHANA ADDLA SUNEEL ,Advocate for the Petitioner and of Sri S. Cianesh, Asst public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No. 2

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The Court made the following ORDER:

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THE HON'BLE^{SMT.JUSTICE K' SUJANA} MI A P TI I o 2 o 24

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ORDER

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This Criminal^{Petition is filed by the petitioner against the} order,^{datedOl'05'2024passed in Crl'M'P'No'113of 2024in} Cr.No.95^{of 2024 in C'C'No'552 of 2024 on the file of I Additional} ludicial^{Magistrateof First Class' Siricilla' wherein the petitionfiled} of Cr.P.C^{to release the property i'e'' Ashok} under^Section451 No.TS23-T-8683,^Goods bearing^registration Leyland^Limited, Engine carriage-LMV,^{with ChassisNo'MB1AB42E9NRDB4769'} No.DNH0537^{44P, lrish cream color vehicle is involved} in the commission^{of offence underSection379 of the Indian Penal Code} and^{Section 3 of PDPPAct' The above petitionfiled underSection} 451 of^{Cr.P.C was dismissed on the ground that the accused used} the^{vehiclein committing the same offence and the same vehicle is} also^{involved in otherthree criminal cases''}

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Heard Sri^{MeghanaAddla Suneel' learned counsel for the} petitioner^{and Sri S' Ganesh' learned Assistant PublicProsecutor} for respondent^{No'l/State' Perusedthe record'}

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The brief^{facts of the case are that the petitioner is the} owner^{of the vehicle and the same was recovered by the policeand} deposited^{before the trial Court'The petitioner is in need of the} said^{vehicle for his daily purpose' If the vehicleis kept idle' it's} value^{will be diminished by rust' Due to the seizure of his vehicle'}

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the petitioner is subjected to mental trauma. The petitioner is an innocent and law abiding citizen. If the said vehicle is not released, the petitioner will be put to great hardship and irreparable loss.

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4 Learned counsel for the petitioner submitted that as per G.O.Ms.No.15, dated 19.02.2015, the vehicle involved for illegal transport of sand without prior permission from the concerned authorities shall be released on payment oF penalty.for the vehicle and the vehicle involved several times, such vehicle/machinery along with sand shall be selzed/confiscated by the concerned officer in the State. The said G.O is attached in the rnaterial papers. Therefore, he requested the Court to set aside the order and to release the vehicle tirr decision of the confiscation s taken by the Court or by authorities concerned as per the said r3.O. Therefore, the vehicle may be returned to the petitioner, who is ready to give an undertaking and also a personal bond, and prayed the Couft to allow the criminal petition.

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On the other hand, learned Assistant public prosecutor submitted that if the vehicle is released, the petitioner will again involve in the same offence and further the vehicle is involved in the same offence for several times. Due to the illegalities; committed by the petitioner, the entire environment is very nruch affected. Further, the specifically authorized competent Court tc complete the confiscation proceedings. Therefore, he prayed the court to dismiss the criminal petition.

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Having regard to the rival submissions and material on record, the vehicle is involved in mining and transporting the sand illegalty. Registering the Criminal Case will make little impact. The alternative scheme of confiscation^proceedings has been^provided to over come the adverse consequences resulting in delay for disposal of the criminal^prosecutions involving confiscation. The confiscation of the vehlcle is one of the effective tool for preserving the environment and under Section 3 of PDPPA, the Court taking cognizance of the offence can confiscate. The Criminal^prosecution and confiscation^proceedings are^{parallel proceedings} and having distinct purpose and object. The same was dealt with by the Hon'ble Apex Court in the case of Divisional Forest Officer v. G.V.Sudhakar Raol. The relevant^portion of the said^{judgment is} as follows :^-

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"Criminal prosecution is distinct from confiscation proceedings. The two proceedings are different and parallel, each having a distinct purpose. The object of confiscation proceeding is to enable speedy and effective adjudication with regard to confiscation of the^produce and the means used for cornmitting the offence while the object of the prosecution is to^punish the offender. The scheme of the Adhiniyam^prescribes an independent procedure for confiscation. The intention of prescribing separate proceedings is to provide a deterrent mechanism and to stop further misuse of the vehicle."

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In spite of the stringent^provisions available,^{illegal mining} activities increased. Section 2L^(4A) of^{the Act, 1957 shows that the} duty is cast upon the Investigating^{Officer or officers concernedwho} seized the vehicle to initiate^{the confiscation proceedings before the}

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'^{(t9s5)+ scc st3}

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trial court. If the confiscation proceedings are initiated, the petition -- under Section 451 Cr.P.C to seek interim custody is not maintainable. From the view law laid down in the case of State of Madhya Pradesh v. Uday Singh2, it is clear that in the absence of initiation of the confiscation proceedings, the petition under Section qSt Cr.p.C, to seek interim custody of the vehicle is; maintainable.

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B. As seen from the record, both the Investigation Agency as well as the competent authority under the Act, 195.2 have not initiated the confiscation proceedings in respect of the subject vehicle involved in the illegar transportation of sand. Therefore, in the view of the observation of the Apex Court in above case, this criminal petition is liable to be allowed.

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Accordingly, the Criminal petition is allowed with the following conditions:

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(i) The trial Court is directed to release the vehicle property i.e., Ashok Leyland Limited, bearing registration Nlo.TS23_T_8683, Goods carriage-LMV, with Chassis No.MB1AB.t2E9NRD84769, Engine No.DNH053744p, lrish Cream Colour to the petitioner and the petitioner shall execute a bond to the value of the vehicle mentioned in the insurance certificate existed on the date of occurrence and also the petitioner shall deposit an amount of Rs.25,000/- to the credit of Crime No.95 of 2024. an such deposit,

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2020 72 SCC733

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the Court below shall re-deposit the same in any one of the

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nationalized bank in the interest bearing account.

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(ii) The petitioner shall file an affidavit with specific undertaking

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that he shall not involve in similar offence.

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(iii) The photographs of the vehicle is to be taken properly and

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the petitioner shall^produce his vehicle as and when required by the

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Court below,

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(iv) The petitioner shall not alienate the vehicle till the disposal of confiscation^proceedings.

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Miscellaneous applications, if any^pending, shall also^stand

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closed. Sd/.^{MOHD. ISM} IL, GIS R ASSISTANT

SECTION^{OFFIC ER}

//TRUE^COPY//

lt an"^{I Additional Judicialtvlagistrateof First Class' Sircilla ' Raianna Sircilla} " (Karimnagar) Dtstncr' rr..^^ra^pnrice statation,^{Ra.lanna sircilla}

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