HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.5936 of 2009 Dated : 05.08.2009 Between : Guguloth Bharathi ….. Petitioner a n d The State of A.P. & another ….. Respondents HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.5936 of 2009 ORDER: Heard Sri Syed Khadar Mastan, learned counsel for the petitioner, and Sri K.Dhananjayaa, learned Additional Public Prosecutor, who entered appearance for both the respondents. Crime No.122 of 2009 on the file of Bhadrachalam Town Police Station, Khammam District, under Narcotic Drugs and Psychotropic Substances Act, more particularly under Sections 20 (b) (ii) and 8 (c) thereof, was registered on 06.06.2009 on interception of the Maruthi Wagon-R car No.AP29 BE 6979 followed by lorry bearing No.AP24 U 9879. It was alleged that the car was being used for transport of ganja and the confessional statements of A.1 to A.3 were claimed to have been recorded. The first accused is stated to be the husband of the present petitioner. The crime is under further investigation and the petitioner produced a copy of certificate of registration of the car in her favour and her request for interim custody of the car was negatived by the Special Judge for trial of Cases under N.D.P.S. Act-cum-I Additional Sessions Judge, Khammam, on 29.06.2009 in Crl.M.P.No.108 of 2009. The learned Sessions Judge on observing that the Police seized ganja from the car and that the investigation is still pending, considered the petitioner to be not entitled for the interim custody of the vehicle. The petitioner claims herein that the vehicle will be damaged, if subjected to vagaries of nature and kept idle for a long period. She undertakes to produce the vehicle as and when necessary and also at the time of the trial. The approach to be adopted in such cases has been laid down by the Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat[1] holding that the power under Section 451 of the Code of Criminal Procedure should be exercised expeditiously and judiciously as the owner of the article should not suffer due to its remaining unused. Insofar as the vehicles are concerned, the Apex Court observed that a number of vehicles become junk day by day on being kept in the premises of the Police Stations and directed that the Magistrates should handover such vehicles to the owners within six months by taking appropriate bonds and guarantee for the return of the same whenever required by the Court. The ownership of the car with the petitioner is not seriously in dispute and its retention with the Police or the Court does not appear required for either further investigation into the crime or its prosecution before the Court of competent jurisdiction. But any entrustment of the interim custody of the car will be necessarily subject to the final orders that have to be passed by the trial Court regarding the disposal of the property on conclusion of the criminal proceedings. Hence, the car should be returned to the petitioner subject to appropriate conditions. Therefore, Maruthi Wagon-R car bearing No.AP29 BE 6979 seized by Bhadrachalam Town Police, Khammam District, in Crime No.122 of 2009 on their file shall be entrusted to the interim custody of the petitioner on her execution of a personal bond for Rs.5,00,000/- with two sureties for a likesum to the satisfaction of the learned Special Judge for trial of Cases under NDPS Act, Khammam, and on the petitioner further undertaking to maintain the car in the same physical state with the same physical features and further undertaking not to alienate the same in any manner and also undertaking to produce the same whenever directed before the Court till the conclusion of the criminal proceedings. The criminal petition is ordered accordingly. ______________________ G.BHAVANI PRASAD, J 5th August, 2009 SUR [1] (2002) 10 SCC 283