Makbool Sheik v. State Of Andhra Pradesh Rep. By P. P.
2012-03-02
K.C.BHANU
body2012
DigiLaw.ai
Judgment : 1. The petitioner filed this Criminal Petition under Section 482 Cr.P.C. seeking to quash the order dated 28.11.2011 in Crl.R.P.No.92 of 2011 on the file of the VI-Addl. Sessions Judge (FTC), Gooty, and praying to direct the respondent to release Bajaj Auto bearing Reg.No. AP 02 TA 1312 seized in Crime No.133 of 2011 of Tadipatri Rural Police Station, Anantapur, by permitting him to furnish third party surety before the concerned Court. 2. The petitioner claims to be the owner of Bajaj Auto bearing Reg. No. AP 02 TA 1312. The said auto was seized in connection with offence punishable under Section 302 IPC. Admittedly, the petitioner is not the accused in the case. He filed an application under Section 451 IPC before the Judicial Magistrate of the First Class, Tadipatri, seeking interim custody of the vehicle, but the application was dismissed as the case was under PRC stage. A revision was preferred against the said order, and the same was dismissed vide impugned order. It is alleged that the auto in question was used after the commission of the offence. It is not the case of the prosecution that the petitioner is having knowledge of the commission of offence. 3. In Sunderbhai Ambalal Desai v. State of Gujarat (2002) 10 SCC 283, the Apex Court has laid down that in case of vehicles seized during investigation, they should not be allowed to deteriorate by being kept unused and unattended in the premises of the Police Stations. Therefore, the vehicle has to be entrusted to the interim custody of the petitioner subject to appropriate conditions. 4. In the result, Bajaj Auto bearing Reg. No. AP 02 TA 1312 seized in Crime No.133 of 2011 of Tadipatri Rural Police Station, Anantapur, shall be entrusted to the interim custody of the petitioner on his production of relevant documents with regard to registration of vehicle, permit and licence, and on his execution of personal bond for Rs.10,000/-(Rupees Ten thousand only) with one surety for like sum to the satisfaction of the Judicial Magistrate of the First Class, Tadipatri, subject to the petitioner undertaking to produce the vehicle whenever directed by the Court and also undertaking not to change the physical features or physical state of the vehicle in any manner and not to alienate the same in any manner in the meanwhile. 5. The Criminal Petition is allowed accordingly.