Abba Nagaraju v. The State of Telangana
Court: High Court for State of Telangana
Bench: JUVVADI SRIDEVI
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-26. Abba Nagaraju v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL PETITION NO: 15533 OF 2024 Between: Abba Nagaraju (wrongly merltioned as Abba Raju S/o Mallaiah, aged about 34 years Occ Photographeri R/o H. No. 2-3, Vaddemanu village, Bijinepalli It/landal, Nagarkurnool District . Petitioner / Accused / Owner of the Bolero Jeep bearing Reg. No. TS-31-T-0411 AND 1. The State of Telangana, through S. H. O. , Achampet Proh. and Excise Station, Nagarkurnool Diskict, Rep. by Public Prosecutor, High Coult, Hyderabad 2- The Deputy Commissioner of Proh. and Excise, Mahabubnagar Region ...
Respondents / Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to pass orders directing the 2nd Respondent herein to forthwith release the petitioners Bolero Van bearing Reg. No. TS-31-T-0411 (Model 20'16) seized in COR No. 163 of 2024 dl. 0810812024 on the file of Atchampet Proh. And Excise Station, Nagarkurnool District, inspite of the readiness of the petitioner to furnish the third party surety value of Rs. 20,000/- before the 2nd respondent. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri B Koteswara Rao, Advocate Rep. Sri S Prasad Babu, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the '1 Respondent No. . The Court made the following Order : I{ON'BI-,T] SMT. JUSTICE JUVVADI SRIDEVI CRINIINAL PETIl'ION No.
15533 of 2024 ORDER: This Crinrinal Petition is filed under Secrion 528 of the ,BNSS,) Bharatiya Nagarik Suraksha Sanhita, 2023 (for shorl by the petitionel tr. r direct respondent No. 2 to release the vehicle bearing No. I'S-Jl-T-0411, involved in COR No. 163 o12024 of Prohibition and Excise Station, Achampet, Nagark. urnool District, registerr:d for the oflences under Section 7 (A g ) r/rv. (e) of I-. S. Prohibition Act, 1995 and Section 34(c) of T'. S. Excise Act 2 I{eard Sri B. I(oteswara Rao, learned counsel representing Sri S. Prasad 13abu, learned counsel for petiliotlcr and Sri Jithender l{ao Veeramalla, learned public Adclitional Prosecutor appearing for the respondenl_State and perr-rsed the record. J Learned counscl lor the petitioncr subtnits that the seized vehicle is neccssary to meet day_to_day basic neecis of the I petitioner. He further submitted that the petitioner is ready to fumish any security to the satisf'action of the trial Court.
Hence, he prayed this Courl to allow petition. the Criminal 4. Considering the fact that the petitioner is only using his vehicle for his livelihood and day to day works and having regard to the submissions ol' the learned counsel for the petitioner, this Court deems it appropriate to direct respondent No. 3 to produce the vehicle in question befbre respondent No. 2, within (10) days from the date of receipt of a copy of this order and the petitioner shall file an application before the 2"d respondent along with an ur. rdcrtaking that he will not alienate or change the physical features of the vehicle, in which event, the 2nd respondent shall consider the sarne and grant interim custody of the vehicle in question on condition of petitioner executing a personal bond for sum of Rs. 20,000/- in his favour. Respondent No. 2 shall write to the RTA authority not to transfer the vehicle ln favour of any third party without clearance from the Excise Department. to say, release of tl.
re vehicle is subject . Needless to the orders that shall be passed by respondent No. 2 authority pursuant to the r:nquiry to be conducted under the provisrons ol' the Prohibition . ,\ct 5. Accordingll , tlie Criminal Petition is disposed of. Miscellancous application pending, if any, shall star. rd c loscd. cer- r TIRUMALA PEVI REGISTRAR niJisiArlr //TRUE COPY/' OFFICER SECTION To, at Atchampet 1. The First Class Magistrate Excise Station' Proh And Hcuse Officer' Atchampet 2 The Station [Jtstrtcr Nagarkurnool relangana' for the state or Hish court Prosecutor' t IVS"? r"oS. 5",[]3{,'o"t Babu' Advocate [OPUCI to Sri S Prasad 4. One CC CoPres 5. Two CD VAJsh Yv HIGH COURT DATED:261'1212024 1E(4 e q tlt$' c { o =Q' \ f' ORDER ,a * CRLP. No. 15533 ot 2024 J */srH DISPOSING OF THE CRLP g *d* w #\6Y
Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.