Point of Law: As per Section 457 of Cr.P.C., if the person is known and when there is no dispute about the ownership of the vehicle, the Magistrate may order delivery of the property to him on such conditions as the Magistrate thinks fit.

ORDER :

This Criminal Revision Case is filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) aggrieved by the order dated 31.8.2021 passed in Crl.M.P.No.50/2021 in Crime No.16/2021 on the file of the Spl. Judge constituted under Narcotic Drugs and Psychotropic Substances Act - cum - I Additional Sessions Judge, Guntur.

2. The petitioner is the owner of the subject vehicle i.e. Brezza Car bearing No.AP 39 GX 3744, which was seized by the Police in connection with Crime No.16/2021 of Dachepalli Police Station. Pursuant to the seizure of the vehicle, the petitioner approached the Court below by filing a petition under Section 457 Cr.P.C. seeking interim custody of the subject vehicle, but the same was dismissed. Aggrieved by the same, the petitioner is before this Court.

3. Heard learned counsel for the petitioner and learned Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner submits that the petitioner is owner of the vehicle and he is no way connected with the alleged crime. He further submitted that if the vehicle is kept idle for long period, the same will become useless. Hence, this petition may be allowed.

5. As per Section 457 of Cr.P.C., if the person is known and when there is no dispute about the ownership of the vehicle, the Magistrate may order delivery of the property to him on such conditions as the Magistrate thinks fit.

6. There is no dispute with regard to the petitioner’s ownership over the vehicle. To that effect he filed a copy of registration certificate of the vehicle. Hence, there is no reason in keeping the vehicle with the police.

7. Taking into consideration the submissions made by the learned counsel for the petitioner and in view of the settled law this Court feels it appropriate to grant interim custody of the vehicle to the petitioner by imposing certain conditions.

8. Accordingly the Criminal Revision Case is allowed and order dated 31.8.2021 passed in Crl.M.P.No.50 of 2021 on the file of the Spl. Judge constituted under Narcotic Drugs and Psychotropic Substances Act - cum - I Additional Sessions Judge, Guntur is set aside. The subject vehicle i.e., i.e. Brezza Car bearing No.AP 39 GX 3744 is ordered to be given interim custody to the petitioner on condition of his executing collateral security for a sum equal to the value of the subject vehicle with one surety for a like sum to the satisfaction of the Spl. Judge constituted under Narcotic Drugs and Psychotropic Substances Act - cum - I Additional Sessions Judge, Guntur. The vehicle should not leave the State of Andhra Pradesh. The petitioner shall produce the vehicle as and when required by the court below.

As a sequel, all the pending miscellaneous applications are closed.