THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.7556 of 2009 DATED:17.09.2009 Between: Sk.Jamal .. Petitioner And The State of Andhra Pradesh, rep., by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.7556 of 2009 ORDER: Heard Sri V.Brahmaiah Chowdary, learned counsel for the petitioner, and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor for the respondents. Crime No.195 of 2009 on the file of Khammam Rural Police Station was registered under Section 34(a) of the Andhra Pradesh Excise Act alleging that the subject auto trolley was found to be carrying 60 beer bottles when intercepted. The person who was stated to have purchased the said beer bottles and the driver of the auto trolley were shown as accused in the crime. The petitioner claims that he is the owner of the auto trolley which was purchased by availing finance from bank and that he is plying the auto trolley by engaging a driver and earning his livelihood. He claims that the Deputy Commissioner of Prohibition and Excise did not consider his request for return of the auto trolley, as he was insisting to furnish a Fixed Deposit for Rs.86,000/- being the value of the vehicle seized as assessed by the Motor Vehicles Inspector. The petitioner further claims that if the vehicle is kept idle, it will get damaged. The Apex Court in Sunderbhai Ambalal Desai V. State of Gujarat[1] has laid down that the vehicles seized in crimes should not be allowed to become junk by lying unattended and unused in the premises of the police stations and that orders under Section 451 of the Code of Criminal procedure should be passed expeditiously and judiciously within six months from the date of seizure by imposing appropriate conditions for the entrustment of the interim custody. The ownership of the vehicle of the petitioner is probablised by the copy of the certificate of registration produced by him and insisting the owner to furnish a Fixed Deposit Receipt for the value of the auto trolley is imposing an onerous and difficult condition. The petitioner claims to be earning his livelihood by running the auto trolley purchased with finance from a Bank and could not have been obviously financially able to furnish such a Fixed Deposit Receipt. Therefore, such interim custody has to be entrusted to the petitioner, subject to reasonable conditions. Therefore, the interim custody of the auto trolley bearing No.AP-20X-9103 shall be entrusted to the petitioner on his exec ution of a personal bond for Rs.86,000/- (Rupees eighty six thousand only) with one surety for a likesum to the satisfaction of the Judicial Magistrate of First Class, Khammam and further subject to the petitioner undertaking to maintain the vehicle in the same physical state without any alterations in its physical features and not to alienate the same in any manner and produce the same whenever directed by the Court. The Criminal Petition is ordered accordingly. ___________________ G. BHAVANI PRASAD, J 17th September 2009 KH [1] (2002) 10 SCC 283