HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9354 OF 2011 ORDER: This Criminal Petition is filed by the petitioner, under Section 482 of Cr.P.C., with a prayer to direct the Special Judicial First Class Magistrate for Excise, Chittoor, Chittoor District, to forthwith release the Auto bearing registration No.AP 03TA 1138 seized in connection with Crime No.106 of 2011 of Puthalapattu Police Station, Chittoor District, registered for the offence punishable under Section 7(a) read with 8(e) of the A.P. Prohibition Act, 1995. Learned counsel for the petitioner has submitted that the petitioner is owner of the vehicle and since the date of seizure, it is in the custody of the police and if it is exposed to sun and rain, there is every likelihood of the vehicle being spoiled, that the petitioner has already filed a petition before the Special Judicial First Class Magistrate for Excise, Chittoor, for interim custody of the vehicle, but the learned Magistrate returned the said petition as not maintainable, and that the petitioner will give an undertaking that she will not alienate the vehicle and change its features and she will produce the vehicle as and when directed by the Court. Therefore, he prayed to allow the criminal petition. In Sunderbhai Ambalal Desai Vs. State of Gujarat[1] the Apex Court has laid down that in case of vehicles seized during investigation, they should not be allowed to deteriorate by being kept unused and unattended in the premises of the police stations. Therefore, the vehicle has to be entrusted to the interim custody of the petitioner subject to appropriate conditions. In view of the above, the Auto bearing registration No.AP 03TA 1138, seized in connection with Crime No.106 of 2011 of Puthalapattu Police Station, Chittoor District, shall be entrusted to the interim custody of the petitioner on the following conditions: a) she shall execute a personal bond for Rs.50,000/- (Rupees Fifty thousand only) with one surety of the like sum to the satisfaction of the Special Judicial First Class Magistrate for Excise, Chittoor, Chittoor District; b) she shall not alienate the vehicle or alter its nature; and c) she shall produce the vehicle before the Court concerned, as and when directed by the learned Magistrate. The Criminal Petition is allowed accordingly and the miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. __________________ RAJA ELANGO, J 30th September, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9354 OF 2011 (Allowed) 30th September, 2011 cbs [1] (2002) 10 SCC 283