IN THE HIGH COURT FOR THE STATE OF TELANGANA…
Trial court directed to release tractor TS 23 T 0204 to petitioner on bond equal to vehicle value, Rs.25,000/- deposit, affidavit undertaking, photographs, and non-alienation till disposal of confisca
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[3385 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE NINTH DAY OF AUGUST TWO IHOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION NO: 7778 OF 2024
Between:
Ivlanuka Mallesham, S/o. Chinna Devaiah, aged 45 years, Occ.. Owner of case property, R/o. Kondapur Village of [\4ustabad [/andal of Rajanna Sircilla District
...Petitioner
AND
(Respondent No. 2 is not necessary party)
...Respondents
Petition under Section 482 o'f Cr.P.C. praying that in the circumstances stated in the lt/lemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Order dated 17.O5.2024 passed in Crl.t/.P. No. 346 of 2024 in Cr.No. 334 of 2023, P.S. lVlustabad, on the file of the Hon'ble Court of Principal Junior Civil Judge-cum-Judicial Arlagistrate of First Class at Rajanna-Sircilla by consequently releasing the Vehicle / Tractor of the Petitioner bearing No. TS-23-T0204 with Chassis No. NJXH00056 and Engine No. NJXH00056.
l.A. NO: 1 OF 2024
Petition under Section 482 of Cr.P.C. praying that in the circumstances stated in the f\4emorandum of Grounds of Criminal Petition, the High Court may be pleased to release the Vehicle / Tractor of the Petitioner bearing No. TS-23-T0204 with Chassis No. NJXH00056 and Engine No. NJXH00056.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri WNK Sarath Saran, Advocate for the Petitioner and Sri D Arun Kumar, Additional Public Prosecutor on behalf of the Respondent No. 1 and None Appeared for the Respondent No. 2.
The Court made the following Order :
i
THE HON'BLE SMT.JUSTICEK. SUJANA
CRIMINAI PETITIONNo.7778of 2024
ORDER:
This CriminalPetitionis filed under Section 482 of Code of Criminal Procedure,1973(for short'Cr'P'C'')to set aside the docket order dated17.05.2O24passed in Crl'M'P'No'346 of 2024 in Crime.No.334of 2023on the file of Court of Principal Junior Civil Judge-Cum-JudicialMagistrateof FirstClass at Rajanna SirciliaDistrict, whereinthe petitionfiled under Section 451 ofCr.P.C to release the propertyi'e' Tractor bearing No.TS 23 TO2O4, Chasis No.NJXH00056and Engine No.NJXH0OO56involved in tlle commission of offence under Section 379 ofthe Indian Penal Code and Section 21 (1) of Mines and MineralsDevelopmentand Regularization Act' 1957' The trial Court afterhearingon bothsides,dismissed tl.e same on the groundthat the petitioner used the vehicle in commitLing the same offencein several criminalcases'
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petitioner will suffer irreparable loss. The petitioner ls art innocent ald law abiding citizen. If the subject vehicle is not released, the petitioner will be put to great hardship and irreparable loss.
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proceedings are parallel proceedings and having distinct purpose and object. The same was dealt with b.y the Hon,ble Apex Court in the case of Dlvislonal Forest Oflicer v. G.V.Suar,akar Raor. ?he relevant portion of the said judgment is as follows:-
"Criminal prosecution is distinct from conliscirtion proceedings. The two proceedings are different and parallel, each having a distinct purpose. Thc object of confiscrrtion proceeding is to enable speedy rurd effective adjudiczrrion with regard to confiscation of thc produce and the mcans used for committing the offence while the object of the prosecution is to punish the offender. The scheme ol the Adhiniyam prescribes an independent procedure for confrscation. The intention of prescribing scparate proceedings is to provide a deterrent mechanism and to stop further misuse of the vehiclc."
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confrscationproceedings,the petition underSection451 Cr'P'C' to seek interimcustody of the vehicleis maintainable'
g. Accordingly, thecriminal petitionis allowed withthe following conditions:
(i) The triat Court isdirected to release the vehicle i.e., Tractorbearing No. TS 23 T O2O4' Chasis No.NJXHOOO56and Engine No.NJXHOO056to thepetitionerandtJ.e petitioner shall executea bond to the value of the vehicle mentioned inthe insurancecertificate existed on thedate of occurrence and alsothe petitioner shall deposit anamount of Rs'25,0O0/- to the credit of Crime-No.334of 2023' On such deposit, the trial Courtshallre-depositthe same
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in any one of tJle nationalized bank in the interest bearing account.
(ii) The petitioner shall file an alfidavit with specific undertaking that he shall not involve in any illegal mining or any other offence and vehicles also will not be used in illegal mining or aly other offence.
(iii) The photographs of the said vehicle are to be taken properly and the petitioner shall produce the said vehicle as and when required by the trial Court.
(rq The petitioner shall not alienate the vehicles till the disposal of confiscation proceedings.
Miscellaneous applications, if any pending. shall also
stand closed.
Sd/- C. PRAVEEN KUMAR ASSISTANT REGISTRAR \ \ t //TRUE COPY'
To,
SECTION OFFICER
1 The Principal Junior Civil Judge-cum-Judicial Ma gistrate of First Class at Rajanna Sircilla District
2 Two CCs to the Public prosecutor, High Court for the State of Telangana at Hyderabad [OUT] One CC to S ri WNK Sarath Saran, Advocate tOpUCl 4 Two CD Cop tes
VA/DL
HIGH COURT
DATED:0910812024
ORDER
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CRLP.No.7778 ot 2024
ALLOWING THE CRLP
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1 issue framed by the court
Whether a Section 451 Cr.P.C. interim custody petition is maintainable when confiscation proceedings under Section 21(4A) MMDRA have not been initiated?
5 provisions across 3 enactments
Manuka Mallesham
The State of Telangana
Pentam Ramesh @ Rakesh
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
