THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10762 of 2011 & CRL.M.P.No.12001 OF 2011 ORDER: Criminal Petition is filed aggrieved by docket order dated 01.11.2011 passed by the Special Judicial First Class Magistrate for Prohibtion & Excise, Chittoor, in Crl.M.P.No.1941 of 2011 in Crime No.44 of 2011 of Palasamudram Police Station, whereby the petition filed under Section 451 of Cr.P.C. seeking to release the case property i.e., Auto bearing No.TN-73/B-4322 to the petitioner, for interim custody, was returned stating that the property is not produced. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State. Perused the records. Earlier, the petitioner approached the lower Court and filed Criminal M.P. No. 1941 of 2011, to release the seized vehicle for interim custody, and the same was returned by the lower Court on the ground that the property is not produced. The petitioner is the owner of the crime vehicle. In Sunderbhai Ambalal Desai v. 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 the result, the Criminal Petition & Crl.M.P.No.12001/2011 are allowed and the case property i.e., Auto bearing Registration No.TN- 73/B-4322 seized in connection with Crime No.44 of 2011 of Palasamudram Police Station, shall be entrusted to the interim custody of the petitioner, subject to final orders to be passed at the time of disposal of main case, on executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety for the likesum to the satisfaction of the S.H.O., Palasamudram Police Station, Chittoor District. Further, the petitioner shall give an undertaking that he will not alienate the said vehicle and shall produce the same as and when required in connection with the said crime. However, this order does not preclude the authorities concerned from proceeding with the confiscation proceedings. ___________________ JUSTICE RAJA ELANGO Dated :05.11.2011 v v [1] (2002) 10 SCC 283