LAWS(TLNG)-2020-9-113

M. KANNAGI Vs. STATE OF TELANGANA

Decided On September 21, 2020
M KANNAGI Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) The present Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C. questioning the order, dated 24.07.2020 passed in Crl.M.P.No.394 of 2020 in Crime No.105 of 2020 on the file of the Special Sessions Judge for the Trial of Cases under Narcotic Drugs and Psychotropic Substances Act-cum-I-Additional Sessions Judge at Khammam.

(2.) The facts in issue are that the petitioner is the owner of the Toyota Innova Crista Car bearing No.KA 53 MF 6717 and the said vehicle was seized in Crime No.105 of 2020 of Enkoor Police Station, which was registered for the offences punishable under Section 8(c) read with Section 20(b)(ii)(B) of the N.D.P.S.Act., 1985, and the said vehicle was kept in the police station. During the pendency of investigation, the petitioner, claiming to be the owner of the said vehicle, filed Crl.M.P.No.394 of 2020 before the Special Sessions Judge for the Trial of Cases under Narcotic Drugs and Psychotropic Substances Act-cum-I-Additional Sessions Judge at Khammam, seeking interim custody of the vehicle. By an order, dated 24.07.2020, the learned Judge rejected the application. Challenging the same the present revision is filed.

(3.) Learned counsel for the petitioner submits that there is every possibility of the vehicle getting damaged, if it is kept exposed to air, sun and rain at the premises of Police Station and hence seeks interim custody of the vehicle.