THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.7711 of 2009 DATED:22.09.2009 Between: S.Surender .. Petitioner And The State of Andhra Pradesh, rep., by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and others .. Respondents ORDER: Heard Sri A.Prabhakar Rao, learned counsel for the petitioner, and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor for the respondents. The crime and occurrence report in Cr.No.222 of 2009-10 of Prohibition and Excise Station, Andole at Jogipet was registered on the interception of the subject van, which was alleged to be carrying 200 litres of toddy and seven empty barrels of 200 litres capacity on 14.08.2009. The petitioner who claims to be the owner of the vehicle was not in the vehicle at the relevant time. The petitioner relies on the report of the Regional Excise Laboratory stating the samples to be free from chloral hydrate and diazepam and claims that his van was engaged by the licenced toddy shop owner. The petitioner filed copies of such licences and the report of the analyst. The petitioner claims that he is eking out his livelihood by plying the vehicle and that the vehicle will be damaged if kept idle till the finality of the proceedings. The request for interim custody of the vehicle made by the petitioner is but reasonable and within the principles laid down by the Apex Court in Sunderbhai Ambalal Desai V. State of Gujarat[1], the interim custody of the vehicle has to be entrusted to him. Therefore, Eicher Van bearing No.AP-28V-5899 seized in Cr.No.222 of 2009-10 of Prohibition and Excise Station, Andole at Jogipet shall be entrusted to the interim custody of the petitioner on his execution of a personal bond for Rs.50,000/- (Rupees fifty thousand only) with one surety for a likesum to the satisfaction of the Judicial Magistrate of First Class, Andole, Medak District and on the petitioner further undertaking to maintain the vehicle in the same physical state without altering any of its physical features and not to alienate and encumber the same and to produce the same whenever directed by the Court or the competent authority. The Criminal Petition is allowed accordingly. ___________________ G. BHAVANI PRASAD, J 22nd September 2009 KH [1] (2002) 10 SCC 283