KUMBAM LIKHITH REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C. questioning the order dated 08.11.2019 in Crl.M.P.No.2983 of 2019 in Crime No.45 of 2019 passed by the Judicial First Class Magistrate, Alair, Nalgonda District, in dismissing the application filed by the petitioner for release of his vehicle i.e., Tata Hitachi Model Z Axis 370 LCH Excavator Machine, which was seized by the police in Crime No.45 of 2019 of Motakondur Police Station, Rachakonda, Nalgonda District, for the offences punishable under Sections 336, 188 r/w. Section 34 of IPC and Sections 3 and 4 of Explosive Substances Act, 1908.

(2.) The facts in issue are that the petitioner's vehicle i.e., Tata Hitachi Model Z Axis 370 LCH Excavator Machine along with other vehicles was seized by the police along with the accused persons while the same is being used in illegal blasting being conducted in a quarry in Sy.No.243, Kondapur Village outskirts, Motakondur Mandal, and Crime No.45 of 2019 of Motakondur Police Station, Rachakonda, Nalgonda District, was registered for the aforesaid offences. The petitioner claiming to be the owner of the said vehicle filed Crl.M.P.No.2983 of 2019 in Crime No.45 of 2019 before the learned Judicial First Class Magistrate, Alair, seeking interim custody of the vehicle. By the aforesaid order dated 08.11.2019, the learned Magistrate rejected the said application. Challenging the same the present revision is filed.

(3.) Learned counsel for the petitioner submits that the petitioner is owner of the said vehicle having purchased the same from Shriram Transport Finance Company Limited, Karimnagar, and the said vehicle is under hypothecation with the Financier and the Financier of the said vehicle has issued proof of Ownership Certificate and letter stating that they have no objection if the vehicle is released in favour of the petitioner as per law. It is also contended that the petitioner is not the accused in the above crime and his vehicle was used in the above blasting without his knowledge. It is further contended that there is every possibility of the vehicle getting damaged, if it is kept in the custody of police or Court and the Batteries of the said vehicle will become dry and useless, if they are not regularly put into use.