THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.409 of 2011 ORDER: The petitioner is owner of auto bearing No.AP-20X- 3291. On 14.12.2010, the Excise Sub-Inspector of Police, Prohibition and Excise Station, Kothagudem, Khammam District, while making search of the vehicles, found six gunny bags each containing 50 kgs of black jaggery and in this connection, a case was registered for the offence punishable under Section 34(e) of A.P. Prohibition Act, 1968. In view of the said involvement, the vehicle in question was seized and as such, the petitioner filed the present petition seeking for release of the same. Heard the learned counsel for the petitioner. The petitioner states that he was not driving the said auto at the time of commission of offence and he is innocent. Further, it is stated that he is eaking out his livelihood from out of the income of the said auto. In view of the same, this Court is of the view that the vehicle in question can be ordered to be released in favour of the petitioner by imposing certain conditions. Accordingly, the vehicle in question is hereby ordered to be released in favour of the petitioner on the following conditions: - (1) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for the like sum to the satisfaction of the I Additional Judicial Magistrate of First Class, Kothagudem, Khammam District. (2) He shall give an undertaking before the Court below that he will produce the vehicle in question as and when required and he shall not alienate the same or change its shape, etc., during the course of enquiry, investigation and trial. Subject to the above conditions, the Criminal Petition is allowed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 21st January 2011 dr