Dr. S.K. Panigrahi, J
1. This matter is taken up through hybrid arrangement.
2. In this CRLREV, the Petitioner has assailed legality of the order dated 04.07.2023 passed by the Additional Sessions Judge, Khallikote in Misc. Case No.3 of 2023 rejecting his application under Section 457 of the Cr.P.C. for interim release of the seized TOYOTA Etios vehicle bearing Registration No.OD 02-BH-8382.
3. Heard learned counsel for the Petitioner and the learned counsel for the State.
4. It is submitted by the learned counsel for the Petitioner that the Petitioner has been arrayed as an accused in G.R. Case No.18 of 2021 (N) arising out of Kodala P.S. Case No.365 of 2021 registered under Section 20 (b)(ii)(C) of the N.D.P.S. Act on the allegation of transportation of 90.520 Kgs. Ganja in the seized vehicle. He further submits that the Petitioner has been released on bail and he is solely depending upon the said vehicle to earn his livelihood. He further submits that the vehicle of the Petitioner has been kept in Kodala Police Station for more than two years. It is contended that simply because the Petitioner is the owner of the seized vehicle, he has been made as an accused, and on that ground the application for interim release of the vehicle has been rejected by the court below.
5. Learned counsel for the State submits that the present Petitioner having been found to be one of the accused in this case at the time of detection of transportation of contraband, the court below has rightly rejected the Petitioner’s application under Section 457 of the Cr.P.C.
6. Having heard the rival submissions and upon perusal of materials on record, it is found that admittedly the Petitioner is the registered owner of the seized vehicle. The said vehicle has been kept in the Police Station for more than two years and exposed to sun and rain and may face unnecessary wear and tear. In case the seized vehicle is left unattended in the premises of the police station for an indefinite period, the vehicle is likely to be damaged and deteriorated. In such circumstances, there appears no hindrance in releasing the seized vehicle in the zima of the Petitioner on furnishing security and appropriate undertaking.
7. Accordingly, the CRLREV is disposed of directing the learned Additional Sessions Judge, Khallikote to release the above said vehicle in the zima of the Petitioner subject to the conditions that the Petitioner:
(i) shall furnish cash security of Rs.2,00,000/-(rupees two lakhs only);
(ii) shall file an undertaking that he will not change the appearance and colour of the seized vehicle;
(iii) shall not allow the vehicle to be used for any illegal purpose; and
(iv) shall produce the seized vehicle in the court as and when required.
8. In case of violation of any of the conditions by the Petitioner, this order shall not be applicable.
9. Urgent certified copy of this order be granted on proper application.
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