IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.950 OF 2009 Between: Velgala Srinivasa Reddy ..... Appellant/Accused No.1 AND The Sate of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad. ..... Respondent/Respondent The Court made the following: JUDGMENT: The criminal appeal, under Section 452(1) of the Code of Criminal Procedure, 1973, is directed against the judgment, dated 03.07.2009, in SC ST Session Case No.27 of 2008, on the file of the learned Special Judge for Trial of Cases under SCs and STs (POA) Act, Rajahmundray, East Godavari District, insofar as confiscating Item No.1 of the property list, i.e., Hero Honda Motorcycle bearing No.AP 5F 1998. 2. Heard both sides. 3. Learned counsel appearing for the appellant contended that by virtue of interim orders passed in Crl.M.P.No.14 of 2000, in Crime No.48 of 1999 of Gangavaram Police Station, the vehicle in question was given for interim custody to the petitioner, but prior to the trial, the vehicle was again seized by the police. Though it was seized, the vehicle was not marked as a material object in the criminal case. The case against Accused Nos.1 and 2 has not been proved beyond all reasonable doubt and accordingly they were acquitted. An observation was made by the trial Court that the vehicle in question was not claimed by any of the accused, but that is factually incorrect in view of the orders passed by the trial Court in Crl.M.P.No.14 of 2000, in Crime No.48 of 1999 of Gangavaram Police Station. 4. The allegation is that the vehicle in question was used in the commission of offence and the vehicle was seized from the possession of the appellant. The appellant claims to be the owner of the vehicle. Subject to the production of the documents in relation to his ownership, the vehicle can be ordered to be returned to the appellant/Accused No.1. 5. Accordingly, the Criminal Appeal is allowed. The finding of the trial Court, insofar as confiscation of the vehicle to the State, is set aside and Item No.1 of the property list, i.e., Hero Honda Motorcycle bearing No.AP 5F 1998, shall be returned to the appellant on production of valid documents, such as, registration certificate, insurance and other documents to prove his ownership before the trial Court. _______________ (K.C. BHANU, J) Date: 17th September, 2009 KL