THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.13469 of 2010 ORDER: This Criminal Petition is filed under Section 482 read with Section 451 Cr.P.C. for return of auto bearing No.AP-20-Y- 4482, which was seized in connection with Crime No.293 of 2010-11 on the file of the Station House Officer, Prohibition and Excise, Bhadrachalam, Khammam District. Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State. The petitioner is the owner of the said vehicle. The said auto was seized on the ground that I.D. liquor is transported in it. Thereafter, the petitioner moved an application before the Judicial Magistrate of First Class, Bhadrachalam for interim custody of the said auto, but the same was returned on the ground that the Court has no jurisdiction to entertain the said application. As such, the petitioner approached this Court and filed the present Criminal Petition seeking to order interim custody of the said auto in his favour. Having heard the submission of the learned counsel on record, this Court is of the view that keeping the vehicle in custody of the police may not serve any purpose, except that it would be rusted and damaged. In the circumstances, it is considered that the above vehicle can be ordered to be released to the interim custody of the petitioner. In the result, the Criminal Petition is allowed, directing that the said auto bearing No. AP-20-Y-4482 be released to the interim custody of the petitioner on his executing a bond in a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties for the like sum each to the satisfaction of the Judicial Magistrate of First Class, Bhadrachalam, subject to conditions that the petitioner shall produce the said vehicle before the Court as and when it is required; that he shall not change or alter the shape, colour etc of the vehicle; and that he shall not alienate the said vehicle during the pendency of the said case. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 31st December 2010 DR