GUNJA NARASIMHA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 read with 457 Cr.P.C. seeking a direction to the Station House Officer, Ibrahimpatnam Police Station to release the petitioner's vehicle - Maruthi Dezire Car bearing registration No.AP 39 C 2259 seized in Crime No.497 of 2020 on furnishing collateral security for the value of the said vehicle instead of Fixed Deposit Receipt in the interest of justice.

(2.) Case of the petitioner is that he is the registered owner of the vehicle - Maruthi Dezire Car bearing registration No.AP 39 C 2259. The Ibrahimpatnam Police registered a case in Crime No.497 of 2020 on 01.08.2020 for the offence punishable under Section 34(A) of the A.P. Excise Act against accused Nos.1 and 2. In that crime, the police seized the aforesaid vehicle of the petitioner. The respondent police have given a notice to the petitioner informing that they will release/return the aforesaid vehicle on submitting a F.D.R., for the value fixed by the Motor Inspector, which reads as under:

(3.) During hearing, learned counsel for the petitioner contended that imposing such restriction to deposit F.D.R worth Rs.5,00,000/- is penal in nature and that too, the petitioner is not an accused in the crime and hence, insisting to deposit F.D.R. for Rs.5,00,000/- is an arbitrary exercise of power by the Commissioner of Police and such arbitrary exercise virtually amounts to denial of relief i.e., return of the vehicle during pendency of the criminal proceedings. Hence, requested to issue a direction to the Commissioner of Police to release the vehicle as interim custody by setting aside the condition referred above.