HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12698 of 2011 ORDER : The petitioner approached this Court seeking direction to the 2nd respondent to release the Tata Indica Car bearing Registration No. AP 09 Y 1074 seized in C.O.R. No. 812/2011-12 of Prohibition and Excise Station, Khammam. 2) Heard. 3) Learned counsel for the petitioner submitted that the petitioner filed an application before the learned Special Judicial Magistrate of First Class (Prohibition & Excise Cases), Khammam for interim custody of his vehicle, but the same was dismissed by the learned Magistrate. 4) I have perused the record and I am of the considered opinion that provisions under Section 451 Cr.P.C., for interim custody of the vehicle, can be invoked irrespective of the stage of investigation and filing of the charge sheet. There is no dispute that the vehicle in question belongs to the petitioner herein. 5) Considering the above circumstances, it is directed that Tata Indica Car bearing Registration No. AP 09 Y 1074 shall be released for 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.2,00,000/- (Rupees Two Lakhs only) with one surety. It is further directed that the petitioner shall not alienate the vehicle, shall not change the physical features of the same till the disposal of the criminal case and further he shall undertake to produce the vehicle as and when required by the Court. The petitioner shall also give an undertaking before the learned Magistrate to the effect that no confiscation proceedings are pending before any authority or Court with regard to the above vehicle. This Order does not preclude the authorities or lower court from taking any decision for confiscation of the above vehicle, if they so desires. 6) Accordingly, the Criminal Petition is disposed of. _________________ RAJA ELANGO, J Date : 9.12.2011 CHV