HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11264 of 2011 ORDER: The petitioner approached this Court challenging the order dated 9.5.2011 passed by the learned Special Sessions Judge for Trial of the Cases under NDPS Act-cum-I Additional Sessions Judge, East Godavari District, Rajahmundry in NDPS S.C. No. 19 of 2009, whereby he directed to auction the vehicle, of which the petitioner is the owner. Heard. Petitioner preferred a petition before the trial Court invoking the provisions under Section 451 Cr.P.C. and the same was ordered in favour of the petitioner. Subsequently, the petitioner could not execute the sureties as directed by the trial Court. The trial Court after completion of trial pronounced the judgment convicting some of the accused and also ordered for confiscation of the said vehicle and further observed in the said order that none has claimed the property. The learned counsel for the petitioner submitted that since he has already filed an application for return of the property, the trial Court could not have passed an order stating that nobody claims the property. But, in any event, this Court is of the view that since the judgment is pronounced and the order for confiscation of the said vehicle is passed by the trial court, invoking the provisions under Section 452 Cr.P.C., the petitioner is advised to file an appeal against the said order, if he so advised. The Criminal Petition is disposed of. _____________ RAJA ELANGO, J 14.11.2011 CHV