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2025 DAILYLAW 12554 (AP)

SANJIVA KUMAR SIDDAPPA WADIYAR v. THE STATE OF ANDHRA PRADESH

CRLP/3223/2025 · 2025-03-27

Harinath N

body2025

Judgment text

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2 APHC010148462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3223/2025 Between: Sanjiva Kumar Siddappa Wadiyar ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.3223 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The petitioner is seeking a direction to release the vehicle, i.e., TATA LPT 3118 TC COWL BS 3 bearing registration No.KA 28 AA 8998 seized in Crime No.51 of 2025 of Yadiki Police Station, Anantapuramu District, registered for the offences punishable under Section 7(1) of the Essential Commodities Act, 1955. 3. Learned counsel for the petitioner submitted that the petitioner is the registered owner of the subject vehicle and that if the vehicle is exposed to sun and air, it gets damaged. It is further submitted that the petitioner is ready to abide by the conditions that may be imposed by this Court, if the vehicle is ordered for interim custody. He placed reliance on the decision of the Hon’ble Supreme Court of India in Sunderbhai Ambalal Desai v.State of Gujarat1. 4. The learned Public Prosecutor not opposed for the interim custody of the vehicle to the petitioner. 1AIR 2003 SC 638 4 5. Having regard to the submissions made by the learned counsel for the petitioner and facts and circumstances of the case, the Criminal Petition is disposed off and the vehicle i.e., TATA LPT 3118 TC COWL BS 3 bearing registration No.KA 28 AA 8998 seized in Crime No.51 of 2025 of Yadiki Police Station, Anantapuramu District, shall be released for the interim custody of the petitioner herein, subject to final orders, that may be passed at the time of disposal of the main case, on execution of a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class-cum-Special Mobile Court, Ananthapuramu. It is further directed that the petitioner shall not alienate the vehicle, shall not change its physical features or create any encumbrance or charge on the same. He shall produce the vehicle whenever he is directed to do so by the trial court. 6. Miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. ___________________ JUSTICE HARINATH.N Dt.27.03.2025 BV