Ketha Srinu vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
For Admission
Before:
Hon'ble Ninala Jayasurya
Listed On:
22 Jun 2022
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
CRIMINAL PETITION No.4286 of 2022
Ketha Srinu … Petitioner
Versus
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The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati.
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The Draksharama Police Station, Draksharama, East Godavari.
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The Deputy Commissioner of Special Enforcement Bureau, Vijayawada Zone, Vijayawada. … Respondents
Counsel for the Petitioner : Mr.Regulagadda Venkatesh
Counsel for the Respondents : Special Assistant Public Prosecutor
ORDER:
Heard Mr.Regulagadda Venkatesh, learned counsel for the petitioner and the learned Special Assistant Public Prosecutor appearing for the respondents.
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The present Criminal Petition is filed under Section 482 of Cr.P.C R/w 457 Cr.P.C for release of the vehicle i.e., Hero Passion Pro Motor Cycle bearing Registration No.AP 39 GN 3092, seized in connection with the Cr.No.54 of 2022 on the file of the Draksharama Police Station, Draksharama, East Godavari District.
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The case of the prosecution in brief is that on 13.04.2022 at about 7.15 a.m., on the instructions of the Additional Superintendent, S.E.B, Kakinada, East Godavari District, the complainant along with the staff rushed to the vicinity at the outskirts of Vegayammapeta Village, caught hold of the accused as they were in possession of liquor bottles and the same were seized under cover of Panchanama. The learned counsel for the petitioner submits that the petitioner is the owner of the subject matter vehicle, without his knowledge, the said vehicle was taken by the accused in the said crime and the same was seized on the ground that non-duty paid liquor is being transported. He further submits that the vehicle is languishing in the custody of the police and is exposing to vagaries of nature. He submits that for release of the vehicle onerous condition of furnishing Fixed Deposit towards the value of the vehicle is being insisted. But, the petitioner is not in a position to furnish the same. While drawing the attention of this Court to the Order in W.P.No.800 of 2021 dated 07.01.2021, the learned counsel for the petitioner would submit that in the light of the said Order, this Court may consider issuing a direction for release of vehicle on furnishing collateral/immovable property security for the value of the seized vehicle.
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The learned Special Assistant Public Prosecutor had not disputed about the Order on which reliance is placed by the learned counsel for the petitioner.
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Considering the submissions made and perusing the Order in W.P.No.800 of 2021 dated 07.01.2021, the Criminal Petition is disposed of directing the 2nd respondent to release the subject matter vehicle i.e., Hero Passion Pro Motor Cycle bearing Registration No.AP 39 GN 3092 for interim custody of the petitioner on furnishing collateral security/immovable property security for the value of the said
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vehicle. It is further directed that the petitioner shall not alienate the vehicle, nor change its physical feature or create any encumbrance on the same. The petitioner shall produce the vehicle whenever he is directed to do so by the concerned authorities.
As a sequel, miscellaneous applications, if any, pending shall stand closed.
__________________ NINALA JAYASURYA, J
Date: 22.06.2022
IS
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
Criminal Petition No.4286 of 2022
Date: 22.06.2022