RAJESH BABU KANCHERLA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS criminal petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) by the petitioner seeking to quash the proceedings dated 17.8.2013 in CFR No. 7656 of 2013 in PR No. 70 of 2013 -2014 on the file of II Additional Magistrate of First Class, Tenali and consequently, order to release the vehicle i.e. Hero Honda Glamour Motorcycle bearing No. AP 07BH 4794. Heard and perused the material available on record.

(2.) THE vehicle was seized by the police while it was transporting a plastic bag containing 96 Old Tavern Whisky bottles with EAL labels containing 180 ml. The petitioner being the owner of the vehicle moved an application before the trial Court invoking the provision under Section 457 Cr.P.C. for custody. By the impugned order, the trial Court returned the application on the ground that the vehicle is not in the custody of the Court.

(3.) THE respondent -police is directed to return the vehicle in question to the petitioner on condition of petitioner executing a bond for a sum of Rs. 20,000/ - (Rupees twenty thousand only) to the satisfaction of the Station House Officer concerned. The petitioner is directed not to alienate or transfer or change the nature of the vehicle and shall produce the same as and when required by the Court at the time of trial. With the above direction, the criminal petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.