ABDULLAH MOHD Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition, under Section 482 read with Section 457 Cr.P.C., is filed to release the vehicle seized in Crime No.168 of 2020 of Bhongiri Town Police Station, by quashing the order dated 21.08.2020 passed by the Additional Judicial Magistrate of First Class, Bhongir in Crl.M.P.No.598 of 2020 in Crime No. 168 of 2020.

(2.) According to the petitioner, the police Bhongiri Town seized the vehicle i.e. Bajaj Maxima C BSIV Three Wheeled Goods Vehicle bearing No.TS 30 T 7551 in connection with Crime No.168 of 2020 registered for the offences under Section 188 IPC and Section 9(B) (1)(b) of Explosives Act and Section 51 (B) of DM. Act.

(3.) The petitioner herein claiming to be the owner of the said vehicle filed an application under Section 457 Cr.P.C. seeking interim custody of the said vehicle before the Additional Judicial Magistrate of First Class, Bhongir, and the said Magistrate vide order dated 21.08.2020 dismissed the same on the ground that the accused, who used the said vehicle, is not the owner of the property and nothing disclosed by the owner of the property with regard to how it used by the accused and how the vehicle came into the hands of the accused. In the said circumstances, the Court below declined to return the property to the petitioner, who is the owner of the property. In the said order, it is also mentioned that nothing reveals about handing over of the vehicle to the accused and why said vehicle used by the accused.