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K. SUJANA
Gaddam Yellaiah – Appellant
Versus
State of Telangana – Respondent
Key Points: - The court distinguishes criminal prosecution from confiscation proceedings, noting they are parallel with distinct purposes. (!) - Interim custody under Section 497 BNSS Act is maintainable when confiscation proceedings have not been initiated. (!) - The vehicle in question (tractor and trailer TS-36-T-9314, TS-36-T-9315) was released to the petitioner under specified conditions: bond equal to the vehicle value, deposit of Rs. 25,000 in Crime No. 148/2024, deposit to a nationalized bank, affidavit not to engage in illegal mining, and vehicle to be produced on request; photographs to be taken; no alienation till confiscation disposal. (!) (!) (!) (!)
ORDER:
K. Sujana, J.
This Criminal Petition is filed against the order, dated 22.08.2024 passed in Crl.M.P.No.207 of 2024 in Crime No.148 of 2024 on the file of the Court of the learned I Additional Judicial Magistrate of First Class, Husnabad (for short, ‘trial Court’), seeking to release the said vehicle i.e., Tractor and Trailer bearing Nos.TS-36-T-9314 and TS-36-T-9315 involved in the commission of offence in Cr.No.148 of 2024 of Koheda Police Station, Siddipet District, punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 3 of the Prevention of Damage to Public Property (for short, PDPP’) Act, 2023. The above petition is filed under Section 497 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) was dismissed on the ground that the accused used the subject vehicle in committing the same offence in several criminal cases.
2. Heard Sri Vadlakonda Ravi Kumar Reddy, learned counsel for the petitioner and Sri E. Ganesh, learned Assistant Public Prosecutor for respondent-State.
3. The brief facts of the case are that the petitioner’s vehicle has been seized and lying in the custody of the learned trial Court, which is exposed to natural calam
The court clarified that confiscation and criminal proceedings are distinct, allowing interim custody of a seized vehicle if confiscation proceedings are not initiated.
Implied consent of the owner for illegal activities and the impact on the ecosystem influenced the court's decision.
The court established that vehicles seized for illegal mining can only be released upon payment of penalties if confiscation proceedings are initiated; otherwise, interim custody may be granted to ri....
The court established that vehicles seized for illegal mining can be released only if no confiscation proceedings are pending, ensuring compliance with mining laws.
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