HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8376 OF 2011 ORDER: This Criminal Petition is filed by the petitioner-accused No.1, under Section 482 of Cr.P.C., with a prayer to set aside the order dated 16.06.2011 passed by the VII Addl. Judicial Magistrate of First Class, Rajahmundry, East Godavari District, in Crl.M.P.No.2962 of 2011, and order interim custody of the auto bearing registration No.AP 05W 9983 seized in connection with Crime No.29 of 2011 of Kadiyam P.S., East Godavari District. Learned counsel for the petitioner has submitted that the petitioner is owner of the vehicle and eking out his livelihood by plying the same on hire, that as the petitioner has purchased the vehicle on finance, it is very difficult for him to repay the instalment of loan to the finance company every month, that since the date of seizure, the vehicle 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 in Crl.M.P.No.2962 of 2011 before the VII Addl. Judicial Magistrate of First Class, Rajahmundry, for interim custody of the vehicle, but the learned Magistrate dismissed the said petition by an order dated 16.6.2011 on the ground that the Court has no power to entertain the petition or order interim custody of the vehicle to the petitioner, and that the petitioner is ready and willing to give an undertaking that he will not alienate the vehicle and change its features and he 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 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 05W 9983 seized in connection with Crime No.29 of 2011 of Kadiyam P.S., East Godavari District, shall be entrusted to the interim custody of the petitioner on the following conditions: a) he shall execute a personal bond for Rs.15,000/- (Rupees Fifteen thousand only) to the satisfaction of the Station House Officer, Kadiyam P.S., East Godavari District; b) he shall not alienate the vehicle or alter its nature; and c) he shall produce the vehicle before the Court, as and when directed by the Court concerned. Accordingly, the Criminal Petition is disposed of and miscellaneous petitions, if any, filed shall stand closed. __________________ RAJA ELANGO, J 10th October, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8376 OF 2011 (Disposed of) 10th October, 2011 cbs [1] (2002) 10 SCC 283