THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA W.V.M.P.No.4357 of 2009 & Writ Petition No.16445 OF 2009 ORDER: 1 The petitioner’s vehicle Maruti Suzuki Wagon R bearing No.TN 22 AJ – 1208, cash of Rs.6 lakhs and five mobile phones were seized on 06.04.2009 on the ground that the petitioner was planning to commit forest offence. When the petitioner approached this court and filed the Writ Petition this court while issuing rule nisi, by order dated 24.11.2009 in WPMP No.21599 of 2009 directed the respondent authorities to release the seized articles forthwith and further observed that such release is subject to further orders in this Writ Petition. 2 A vacate stay petition has been filed stating various facts. Today when the matter is taken up for hearing, it is stated by Sri O. Manohar Reddy, learned counsel for the petitioner, that the said order dated 24.11.2009 has not been complied with and the petitioner’s vehicle as well as the said cash of Rs.6 lakhs and also the five mobile phones are still with the respondent authorities only. The learned Assistant Government Pleader submitted that immediately after passing the above said order, the present vacate stay petition has been filed and according to her the vehicle could not be released for the reason that no conditions have been imposed by this court for release of the said articles. 3 I am unable to appreciate the said stand taken by the learned Assistant Government Pleader. Whether there are conditions or no conditions, the respondent authorities should have complied with the said order and in my considered view, this is nothing but contemptuous. However, as this is also not a contempt application, it is not necessary for this court to go into the said aspect. But, apparently, from the above order dated 24.11.2009 it is clear that no conditions have been imposed. In a case of this nature, when certain things have been seized on the ground that a forest offence is likely to be committed, the said seized articles may be released, but by imposing certain conditions. Since the order dated 24.11.2009 does not state any conditions, the said order is modified as follows: 4 The Maruti Suzuki wagon R car bearing No. TN 22 AJ – 1208 and five mobile phones are hereby ordered to be released in favour of the petitioner forthwith on condition of the petitioner giving an undertaking that he shall produce the same as and when required for the purpose of investigation and that he shall not alienate the same during the pendency of the case. However, out of the cash of Rs.6 lakhs, an amount of Rs.4 lakhs shall be released in favour of the petitioner and the balance Rs.2 lakhs shall be kept in F.D.R. in any nationalized bank so long as the case against the petitioner is pending. 5 The order dated 24.11.2009 is modified accordingly and the writ petition is also disposed of with the above observations. No costs. -------------------------- Kvsn 09.02.2010