IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.8417 OF 2009 Between: A. Devala ..... Petitioner AND 1. The Sate of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., Hyderabad. ..... Respondent 2. The Deputy Commissioner of Prohibition and Excise, Khammam. ..... Respondent 3. The Station House Officer, Prohibition and Excise Station, Palvancha, Khammam District. ..... Respondent/Complainant The Court made the following: ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner, who is owner of Auto bearing Reg. No.AP20Y 5263 to direct the learned Additional Judicial Magistrate of I Class, Kothagudem, Khammam District, to order for release of the Auto, which was seized in P.R. No.398/2009-10 of Prohibition and Excise Station, Palvancha, Khammam District. 2. The petitioner is claiming for return of the Auto bearing Registration No.AP20Y 5263 transporting I.D. Liquor which was seized in connection with P.R. No.398/2009-10 registered for the offence under Section 7 (A) read with 8 (e) of the Andhra Pradesh Prohibition Act, 1995. The petitioner engaged one Mr.Bhukya Ramesh as driver to ply the said vehicle. It is stated that, on 03.10.2009, the vehicle of the petitioner was engaged by two passengers along with some gunny bags, but the petitioner or the driver were not aware of any such I.D. Liquor transported in the said Auto, and the third respondent intercepted the vehicle and found transporting I.D. Liquor and registered a case in P.R. No.398/2009-10 and seized the vehicle. 3. Considering the facts and circumstances of the case, the Auto seized in this case shall be returned to the petitioner on the following conditions: i) The petitioner shall execute a bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties each for the like sum, to the satisfaction of Judicial Magistrate of I Class, Kothagudem, Khammam dt.; ii) The petitioner shall produce Registration Certificate of the vehicle before concerned court; iii) The petitioner shall produce the vehicle as and when directed by the concerned court; iv) The petitioner shall not alienate or sell without prior permission of the concerned court; ---------------------- (K.C.Bhanu, J.) Dated: 15th October, 2009 KL Issue CC in two days. BO KL