ARITAKULA SRINIVASA Vs. A SATYANARAYANA ALIAS NAGABABU

JUDGEMENT

(1.) Aggrieved by the orders of the Sessions Judge, West Godavari in Criminal MP.No. 1673 of 1997 in S.CNo.204 of 1997 refusing to release the vehicle involved in commission of the offence on the ground that the case is already committed to the Sessions Court, the owner of the vehicle filed this revision seeking quashing of the order of the Court below.

(2.) Heard the learned Public Prosecutor.

(3.) The prosecution case is that the vehicle has been used in the commission of an offence punishable under Section 302I.P.C. and admittedly the owner of Ihe vehicle has nothing to do with the commission of the offence. Unlike the offence under special enactments the question of confiscating the vehicle used in The commission of an offence punishable under the provisions of I.P.C. does not arise. That being the legal position, no purpose would be served in detaining the vehicle either in the Court or in the police station. If the vehicle is exposed lo sun and rain it will result in diminution in the value of the vehicle. The prosecution case is not going to be effected by releasing the vehicle.