UNION ROAD WAYS LTD Vs. KONIJERLA KHAMMAM

JUDGEMENT

(1.) This revision has been filed challenging the order in Crl.M.P.No. 780 of 2009 in Crime No. 124 of 2009 of Konijerla Police Station, Khammam District, dated 28-10-2009, passed by the III Additional Judicial Magistrate of First Class, Khammam, whereby and where under, the learned Magistrate allowed the petition filed by the petitioner for return of the lorry bearing No. OR 07 L 5066 along with the load, subject to condition that the interim custody of the property shall be given to the petitioner on his executing a bond for a sum of Rs. 7,00,000/- with one surety and that he shall give an undertaking not to dispose of or alienate the said property and shall produce the same as and when required by the Court and shall maintain the case property in good condition and shall not change its design.

(2.) The case of the petitioner is that its driver, by name, Hair Shankar Singh, lodged a report to the police on 7-10-2009 and a case in Crime No. 124 of 2009 was registered by the Police, Konijerla Police Station, Khammam District.

(3.) The brief facts of the prosecution case are as follows: The petition is the owner of the lorry bearing No. OR 07 L 5066. On 5-10-2009 at about 4.40 p.m. while its driver, Hair Shankar Singh, was carrying iron construction material of M/s. Hindu Projects Ltd., Hyderabad to Rurkela in Orissa, and on 6-10-2009 at about 11.00 a.m. when he stopped the said vehicle sand went to have tea, the cleaner of the lorry, by name, Mr. Venkat Rao, had stolen away the truck along with the material. The driver of the lorry lodged a complaint to the Police, Konijerla Police Station, Khammam District. Basing on the same the police registered a case in Crime No. 124 of 2009. During the course of investigation, the police arrested the accused Y. Venkateswara Rao @ Venkat Rao and seized the lorry and the material on 9-10-2009. The further case of the prosecution is that the accused made a confessional statement that he had kept 100 pipes in two bundles near bushes to sell the same as scrap and the police seized those pipes under a cover of panchanama.