THE HON'BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL REVISION CASE No.1339 OF 2011 ORDER: 1 Heard the Petitioner’s counsel and also the learned Additional Public Prosecutor. 2 Petitioner claims to be the owner of the auto rickshaw bearing registration No.AP 31 TW 5363. It is seen that it is involved in Crime No.15 of 2011 of Anakapalli Rural P.S. pertaining to illegal transport of certain explosives. The offences alleged are those punishable under sections 3 and 5 of Explosive Substances Act, 1908. 3 Petitioner’s application i.e. Crl.M.P.No.2076 of 2011 for interim custody of the auto rickshaw in question was dismissed by the learned Magistrate by his order dated 23.05.2011. Questioning that order, the present revision is filed. 4 The version of the petitioner, who claims to be the owner of the auto rickshaw in question, is that it was used in the transport of explosives without his knowledge. Be that as it may and this question has to be decided ultimately in the trial or by the investigating agency if they wish to file an additional report. What should be noted is that if the auto rickshaw in question is kept in the court custody, it is likely to become junk and useless and there is no compelling reason to refuse return of the said auto rickshaw to the petitioner. 5 In the circumstances, the auto rickshaw in question shall be given to the petitioner towards interim custody on his depositing the R.C. book of the said auto rickshaw in the concerned court and also on executing a bond for Rs.10,000/- with one surety for a like sum to the satisfaction of the said court. The petitioner shall also give an undertaking to produce the auto rickshaw in question before the concerned court as and when called upon without altering it in any manner and he shall not alienate the same. The concerned Magistrate shall verify the R.C. Book of the auto rickshaw and if it is found to be in the name of the petitioner then only the auto rickshaw shall be returned to him. 6 This revision is accordingly allowed. ------------- 06.07.2011 Kvsn