THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.12984 of 2010 ORDER: Petitioner is the owner of the tractor and trailor bearing Nos.AP-05 BD 2071 and AP05-T-2658, respectively and the same was seized on the ground that it has been transporting the sand illegally. In this connection, the Assistant Director of Mines and Geology, Anakapally, filed a charge sheet alleging the offences punishable under Sections 2 and 4 read with Sections 21 and 22 of Mines and Minerals (Dev. & Reg) Act read with A.P.Minor Minerals Concession Rules 1966 read with Sections 27 and 38 of A.P.WALTA Act. When the petitioner filed application-Crl.M.P.No.5363 of 2010 before the Judicial Magistrate of First Class, Yellamanchili seeking interim custody of the said vehicle, the same was dismissed by an order, dated 14.12.2010. The same is questioned in this Criminal Petition. Heard learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent. Learned counsel for the petitioner submitted that the petitioner is ready to produce the said vehicle as and when required; that the family of the petitioner is depending upon the income derived by running the said vehicle and as such, prayed to allow this Criminal Petition. Having considered the submissions of the learned counsel for the petitioner, this Court is of the view that the vehicle in question can be ordered to be released in favour of the petitioner. This Criminal Petition is accordingly allowed and the tractor and trailor bearing Nos.AP-05 BD 2071 and AP05- T-2658, respectively, shall be released in favour of the petitioner, on his furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty thousand only) with two sureties each for the like sum to the satisfaction of the Judicial Magistrate of First Class, Yellamanchili. It is further directed that the petitioner shall produce the said vehicle before the Court below as and when required; that he shall not alienate the said vehicle; and that he shall not alter or change the shape, colour etc of the said vehicle during the pendency of the said case. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 29th December 2010 DR