G NAGARAJ Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner filed this criminal petition under Ss. 451 and 482 of Criminal Procedure Code to set aside the order dated 20-8-2001 in Crl.M.P.No. 2191/2001 in Crime No.137/2001 on the file of the P. S. Shahinayathgunj made by the learned Metropolitan Magistrate, Hyderabad, and also to modify the order made in Criminal Revision Petition No. 321/2001 dated 15-11-2001, made by the learned Additional Metropolitan Sessions Judge, directing the P. S. Shahinayathgunj, Hyderabad, to release the vehicle in favour of the petitioner.

(2.) The petitioner submits that he is the registered owner of the auto bearing No. AP-10-U-1248 and the said vehicle has been seized while the auto driver and two other members were found carrying ID liquor sachets in the said vehicle and a case has been registered in Crime No. 137/2000 for the offence under S. 8(b) of A.P. Prohibition Act. Though the petitioner is not directly involved in the alleged crime, his name was arrayed as accused No. 3.

(3.) The petitioner filed petition in Crl. P. No. 2191/2001 on the file of the IIIrd Metropolitan Magistrate, Hyderabad, stating that he is the registered owner of the said vehicle and the same may be released in his favour. But the learned Magistrate dismissed the said petition on 20-8-2000. Being aggrieved by the said order, the petitioner filed Criminal Revision Petition No. 321/2001 on the file of the learned VIIth Additional Metropolitan Sessions Judge, Hyderabad, and the learned Sessions Judge ordered for the release of the said vehicle in favour of the petitioner on his furnishing a bank guarantee for the value of the vehicle i.e., Rs.56,213/- as shown in the Insurance Policy as value of the vehicle and also an undertaking from him to produce the vehicle as and when required by the Court without tampering its physical features in a personal bound of like sum of value of the vehicle to the satisfaction of the IIIrd Metropolitan Magistrate, Hyderabad. It is further directed that the original RC book of the vehicle shall be furnished by the petitioner to be retained by the IIIrd Metropolitan Magistrate till the disposal of the case and also intimate the said fact to the original Transport Authority concerned and State Bank of India, Lallaguda, Secunderabad with whom the said vehicle is hypothecated. Aggrieved by the said order, the petitioner filed this petition stating that the conditions imposed by the learned Metropolitan Sessions Judge to furnish the bank guarantee for the value of Rs.56,213/- as shown in the insurance policy is onerous and the said condition is as good as not releasing the vehicle and the vehicle is in the custody of the police for the last 41/2 months which is being exposed to the sun and rain and apart from that its value is being diminished day by day and the petitioner is suffering serious and irreparble loss and he cannot fulfill the said conditions and requested to release the vehicle on his executing a personal bond alone without insisting for the bank guarantee.