HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.14710 of 2011 Date : 4-8-2011 Between : Karni Srinivas Pradeep .. Petitioner And The Forest Range Officer, Vizianagaram Range, Vizianagaram and another .. Respondents Counsel for petitioner : Sri Rama Rao Immaneni Counsel for respondent No.1: Assistant Government Pleader for Forests Counsel for respondent No.2 : -- The court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the action of the respondents in not releasing Jeep bearing registration No.AP 31 TT 9129 of Bolero make, seized in connection with C.C.No.215/2009 on the file of Judicial Magistrate of First Class, Gajapathinagaram, Vizianagaram District, as illegal and arbitrary. The petitioner is accused No.1 in C.C.No.215/2009 registered for the offences under Sections 9, 48-A, 49, 50 and 51 of Schedule III of the Wild Life Protection Act, 1972 (for short "the Act"). A crime was registered following the seizure of the petitioner’s vehicle while the petitioner was traveling from Srikakulam to Visakhapatnam on 15-5- 2009. It is alleged that the petitioner was found in possession and carrying the flesh and hides of a Barking Deer. The petitioner was unsuccessful in moving the court of the learned Judicial Magistrate of First Class, Gajapathinagaram for release of his vehicle. Subsequently, the petitioner filed an application under Section 482 Cr.P.C. and obtained stay of the criminal proceedings. In this Writ Petition, the petitioner’s limited grievance is that the continued detention of his vehicle is resulting in deterioration of its condition. At the hearing, the learned counsel for the petitioner submitted that as there is uncertainty in the disposal of the criminal case with respect to which his client has obtained interim stay, the petitioner will suffer hardship if the vehicle is allowed to be detained till conclusion of the criminal proceedings. Even though the petitioner is responsible for prolongation of the criminal case, as he has availed a judicial remedy, he cannot be found fault with. As the allegations against the petitioner are yet to be proved, in my opinion, the continuous detention of the vehicle may eventually lead to the vehicle becoming scrap in course of time. To avoid this situation, it would be in the interest of both the parties that the vehicle is released to the petitioner, subject to the following terms: 1) Within two weeks from today, the petitioner shall approach respondent No.1 with the documents of ownership over the vehicle bearing No. AP 31 T 9129; 2) Respondent No.1 shall obtain the present value of the vehicle from the Motor Vehicles Inspector, Vizianagaram within one week thereafter; 3) Immediately after receiving the valuation of the vehicle from the Motor Vehicles Inspector, Vizianagaram, respondent No.1 shall intimate the same to the petitioner; 4) The petitioner shall thereupon furnish Bank guarantee for the value of the vehicle, as assessed by the Motor Vehicles Inspector, upon which respondent No.1 shall release the same without any delay; 5) The petitioner shall not alienate or in any manner alter the condition of the vehicle till disposal of the criminal case by the competent criminal court. He shall also produce the vehicle as and when the same is required by the competent authority during the pendency of the criminal proceedings. The petitioner shall keep the Bank guarantee alive till completion of the criminal proceedings. Subject to the above directions, the Writ Petition is disposed of. As a sequel, WPMP No.17688/2011 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 4-8-2011 Note: Furnish copy in one week. AM