HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.5825 of 2010 ORDER: This Criminal Petition is filed by the petitioner-owner of the auto seeking a direction to the Special Judicial First Class Magistrate for Prohibition and Excise, Khammam, to order release of the auto bearing registration No.AP 20W 7589 seized in C.O.R.No.239/2010-2011 on the file of the Prohibition and Excise Station, Khammam, registered for the offence punishable under Section 7(A) r/w Section 8(e) of the A.P.Prohibition Act, 1995. 2. Heard both sides. 3. The learned counsel for the petitioner submitted that the vehicle in question belongs to the petitioner and it was seized by the Excise Officials on 13.05.2010 on the allegation that the driver of the vehicle-accused was transporting the contraband (I.D. Liquor) illegally in his auto and the petitioner has nothing to do with the alleged crime. He further submitted that the vehicle is still lying in the premises of the 3rd respondent herein and it is exposed to atmospheric calamities. If the said vehicle is kept idle for some time, it would be damaged. Due to seizure and detention of the vehicle, the petitioner is not in a position to pay the instalments as he is eking out his livelihood from out of the income derived from the vehicle. 4. Having considered the submissions of the learned counsel for the petitioner and taking into consideration the facts and circumstances of the case, I deem it proper to order release of the vehicle by way of interim custody of the petitioner on some conditions. 5. Accordingly, the Criminal Petition is allowed, at the stage of admission, and it is directed that the vehicle in question shall be released in favour of the petitioner by way of interim custody on his executing a personal bond in a sum of Rs.50,000/- (Rupees Fifty thousand only) with two local sureties for the like sum each to the satisfaction of the Special Judicial First Class Magistrate for Prohibition and Excise, Khammam, with an undertaking from the petitioner that he shall not alienate or transfer/encumber the vehicle and change its nature till disposal of the case and he shall produce the vehicle as and when required by the Court. _______________________________ GOPALA KRISHNA TAMADA,J 29th June, 2010 CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.5825 of 2010 (Allowed) Date:29-06-2010 CBS