HON’BLE SRI JUSTICE G. BHAVANI PRASAD Criminal Petition No.6924 of 2009 ORDER: Heard Sri Kasi Nageswar Rao, learned counsel for the petitioner and Sri A. Ramesh, learned counsel representing the learned Public Prosecutor for all the three respondents. The First Information Report in Cr.No.167 of 2009 on the file of Nelakondapalli Police Station, Khammam District, was registered under the Andhra Pradesh Prohibition Act and Andhra Pradesh Excise Act, after the Head Constable intercepted the subject auto trolley in which 12 bags of Black Jaggery, one bag of alum and 5 litres of arrack were allegedly found being transported. The driver was stated to have informed the auto to be belonging to one Kanamarlapudi Venkaiah, who was selling the black jaggery and alum, which can be used for preparation of illicitly distilled liquor. Kanamarlapudi Venkaiah was stated to have absconded from the scene. The petitioner claims to be the owner of auto trolley bearing No.AP-36-X-4501 and the learned counsel produced a copy of the certificate of registration in corroboration of his claim. The petitioner claimed that he has nothing to do with the goods transported in the auto by Kanamarlapudi Venkaiah, who is the first accused in the case and the auto purchased by availing finance from Tata Motors Limited was plying in the ordinary and regular course at that time. The petitioner further claimed that if the vehicle is left exposed to nature in the premises of Prohibition and Excise Station unattended and unused till the finality of proceedings in the case, it will be damaged. Hence, he requested for release of the vehicle. The Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat[1] made it clear that such vehicles should not be allowed to become junk by being kept unattended in the premises of police stations and expeditious and judicious orders under Section 451 of the Code of Criminal Procedure should be passed within six months. Under the circumstances, irrespective of the truth or otherwise of the allegations against and by the petitioner, the interim custody of the vehicle should be entrusted to the petitioner subject to appropriate conditions. Therefore, the auto trolley bearing No.AP-36-X-4501 seized in Cr.No.167 of 2009 on the file of Nelakondapalli Police Station, Khammam District, shall be entrusted to the interim custody of the petitioner on his execution of a personal bond for Rs.60,000/- (Rupees sixty thousand only) with one surety for a like sum to the satisfaction of the Judicial Magistrate of First Class, Prohibition and Excise, Khammam, subject to the petitioner undertaking not to alter the physical features of the vehicle in any manner and to maintain it in the same physical state and not to alienate the same and to produce the same whenever directed by the court till the finality of the criminal proceedings. The Criminal Petition is ordered accordingly. _____________________ G. BHAVANI PRASAD, J Date: 02-09-2009 Ksn [1] 2002 (10) SCC 283