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Telangana High Court · body

2020 DIGILAW 790 (TS)

Varikuppala Srinu v. State Of Telangana

2020-11-18

K.LAKSHMAN

body2020
JUDGMENT K. Lakshman, J. - This application is filed under Section 482 Cr.P.C. to quash the order dated 29.09.2020 in Crl.M.P.No.185 of 2020 in Crime No.79 of 2020 on the file of Principal Judicial First Class Magistrate, Bhongir. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the record. 3. On instructions learned Public Prosecutor would submit that the police have deposited the crime vehicle with the learned Magistrate. 4. The Crime property i.e. Mahindra & Mahindra Tractor Compressor bearing No.AP 01 M 2065 seized by the police Bommalaramaram. The petitioner is A1 in the said crime. The offences alleged against the petitioner are under Sections3 and 4 of the Explosives Substance Act, 1908. 5. The petitioner/A1 being the owner of the said vehicle filed an application under Section 457 Cr.P.C. in Crime No.79 of 2020 for return of the said property before the Principal Judicial First Class Magistrate at Bhongir. The learned Magistrate vide order dated 29.09.2020 dismissed the said application on the ground that the petitioner/A1 used the said vehicle in the commission of offence and therefore, the petitioner being the owner there is every possibility of involving in the same type of offence. 6. There is no dispute that the petitioner is A1 and owner of the crime property and in proof of the same he has filed copy of RC, which shows that he is the owner of the said vehicle, which is of the year 2006 model. The Apex Court and this Court time and again held that keeping the crime vehicles will not serve any purpose and no useful purpose would be served. Therefore, the crime vehicle/property has to be released/given interim custody to the owner on verification of the ownership and on imposition of certain conditions to the satisfaction of the learned Magistrate/Courts. 7. Considering the said facts, and also the fact that the petitioner is the owner of the said vehicle, this Court is inclined to set aside the order dated 29.09.2020 passed in Crl.M.P.No.185 of 2020 in Crime No.79 of 2020 by the Principal Judicial First Class Magistrate at Bhongir. 7. Considering the said facts, and also the fact that the petitioner is the owner of the said vehicle, this Court is inclined to set aside the order dated 29.09.2020 passed in Crl.M.P.No.185 of 2020 in Crime No.79 of 2020 by the Principal Judicial First Class Magistrate at Bhongir. The learned Magistrate is directed to release the crime vehicle to the petitioner on verification of the ownership, on execution of bond by the petitioner for a sum of Rs.25,000/- with one surety for a like sum and also on following the conditions: i) The petitioner shall deposit original R.C. of the vehicle with the Court. ii) The petitioner shall not change the colour, nature of the said vehicle. iii) The petitioner shall not sell the said vehicle to the third parties. iv) The petitioner shall submit an undertaking to the effect that he will produce the vehicle before the Court below as and when directed. 8. With the above, the criminal petition is allowed. 9. Miscellaneous petitions pending, if any, shall stand disposed of.