THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 12974 OF 2010 ORDER: The petitioner herein approaches this Court with a prayer to return the Tractor bearing No. AP 05 X 3145 and Trailor bearing No. AP 05 X 2207 which were involved in illegal transportation of sand and seized under DDR No. 7996 of 2010 on the file of the Court of the Additional Judicial First Class Magistrate, Yelamanchili and are under the custody of the Station House Officer, Payakaraopet, Visakapatnam district. Heard the learned counsel for petitioner and learned Public Prosecutor. Having heard the counsel on either side and on perusal of the material available on record, this Court is of the view that, no prejudice would be caused, if said Tractor and Trailor are returned to the petitioner subject to certain conditions. It is also to be noted that the Apex Court in catena of judgments reiterated its earlier stand that property should not be subjected to damage and the same should be returned to the party. In the circumstances, this Court is of the view that the Tractor bearing No. AP 05 X 3145 should be released to the petitioner on execution of bond for a sum of Rs.1,00,000/- (Rupees one lakh only) and Trailor bearing No. No. AP 05 X 2207 should be released to the petitioner on execution of bond for a sum of Rs.50,000/- (Rupees fifty thousand only). Further the petitioner is directed that he should not alienate the subject Tractor and Trailor nor change their physical features and produce the same before the Trial Court as and when required. Accordingly, both the petitions are ordered. _____________ RAJA ELANGO,J DATE: 27.12.2010 TVK THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 12974 OF 2010 Date: 27.12.2010