MALLAPRAGADA SUJATHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Impugning the dismissal order of the interim custody of the lorries bearing Nos.NL-02-5062 (old registration No.AP-35-T- 8609) and NL-02-N-4903 (old registration No.AP-31-TA-9259) dtd. 26/10/2016 and 28/10/2016 in Crl.MP.Nos.3187 of 2016 and 3188 of 2016 in Crime No.73 of 2016 of Anakapalli Rural Police station, Visakhapatnam sought by the petitionersaccused, Smt. Mallapragada Sujatha and E.M.Dakshina Murthy, respectively, the revisions are maintained.

(2.) It is observed particularly at para-11 of the orders of the lower Court that the lorries in question along with other lorries if disappeared after giving interim custody, it is difficult to prove the case of the prosecution of the tampering of laden weight and once registration is cancelled, the vehicles cannot run on public roads and thereby cannot be returned for interim custody.

(3.) The contentions in the grounds of the two revisions vis-àvis the oral submissions of the learned counsel are that unless the vehicles are allowed to ply, they will become junk, not only the tyres and other parts of the vehicles but also for the vehicles mostly made of iron and the utility and value being diminished and the petitioners undertake to maintain the vehicles while in custody as it is in condition without any damage or transfer, that, the lower Court ought to have allowed the applications and hence the dismissal orders being unsustainable are liable to be set aside.