THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9742 OF 2011 ORDER: Petitioner approached this Court with a prayer to return the Auto bearing Registration No.AP-20-TA-7798, involved in P.R.No.224/2010-11 on the file of the Prohibition & Excise Station, Wyra, for offence punishable under Section 34 (e) of A.P. Excise Act, 1968. 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 Auto bearing Registration No. AP-20-TA-7798 seized in P.R.No.224/2010- 11 on the file of the Prohibition & Excise Station, Wyra, shall be entrusted to the interim custody of the petitioner, subject to the condition of the petitioner executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety for the likesum to the satisfaction of the Special Judicial Magistrate of First Class, Prohibition and Excise Cases, Khammam. 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 : 12.10.2011 v v [1] (2002) 10 SCC 283