THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10608 OF 2011 ORDER: Petitioner approached this Court with a prayer to return the Lorry bearing Registration No.AP-37-W-1789, involved in P.R.No.127/2011-12 on the file of Duggirala Prohibition & Excise Station, Guntur District, registered for offences punishable under Section 34 (a) and 41 of A.P.Excise Act. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State. Perused the records. The petitioner is the owner of the crime vehicle. The investigation is said to have been virtually completed. In Sunderbhai Ambalal Desai v. State of Gujarat ([1]), the Apex Court has laid down that in case of vehicles seized during investigation, they should not be allowed to deteriorate by being kept unused and unattended in the premises of the police stations. Therefore, the vehicle has to be entrusted to the interim custody of the petitioner subject to appropriate conditions. In the result, the Criminal Petition is allowed and the Lorry bearing Registration No. AP-37-W-1789, involved in P.R.No.127/2011-12 on the file of Duggirala Prohibition & Excise Station, Guntur District, shall be entrusted to the interim custody of the petitioner, subject to final orders to be passed at the time of disposal of main case, on executing a personal bond for Rs.5,00,000/- (Rupees Five Lakhs Only) with one surety for the likesum to the satisfaction of the II Additional Judicial First Class Magistrate, Tenali. Further, the petitioner shall give an undertaking that he shall not alienate the said vehicle and shall produce the same as and when required in connection with the said crime. ___________________ JUSTICE RAJA ELANGO Dated :02.11.2011 v v [1] (2002) 10 SCC 283