THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12320 OF 2011 ORDER: Petitioner approached this Court with a prayer to return the vehicle i.e., Hero Honda motor cycle bearing registration No. AP 24 AH 3560, involved in P.R.No.1205 of 2011-12 of Prohibition & Excise Station, Miryalguda, registered for oﬀences punishable under Sections 7(A) read with 8(e) of A.P. Prohibition Act, 1995. Heard. Earlier, the petitioner approached the lower Court by way of ﬁling Criminal M.P.No.4684 of 2011 for release of the seized vehicle in his favour, but the same was returned by the lower Court on the ground that the property is not deposited into the court. I n 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 is allowed and the vehicle i.e., Hero Honda motor cycle bearing registration No. AP 24 AH 3560, involved in P.R.No.1205 of 2011-12 of Prohibition & Excise Station, Miryalguda, shall be entrusted to the interim custody of the petitioner, subject to ﬁnal orders to be passed in the main case, on executing a personal bond for Rs.10,000/- (Rupees Ten Thousand Only) with one surety for the likesum to the satisfaction of the said Station House Oﬃcer. Further, the petitioner shall give an undertaking that he shall not alienate the said vehicle and shall produce the same in the same shape and condition 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 : 30.11.2011 v v [1] (2002) 10 SCC 283