HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.13890 of 2011 ORDER: This Criminal Petition is filed by the petitioner, under Section 482 of Cr.P.C., with a prayer to order release of his vehicle i.e., Bajaj CT-100 Motor Cycle bearing Registration No.AP-29-E-6484 seized in connection with PCOR No.1007/2011-12 of Prohibition and Excise Station, Kodad, Nalgonda District. Heard and perused the record. Learned counsel for the petitioner has submitted for no fault of the petitioner, the vehicle of the petitioner has been seized by the Excise police. He further submitted that the petitioner is the owner of the vehicle and since the date of seizure, it is in the custody of the police and if it is exposed to sun and rain, there is every likelihood of the vehicle being spoiled, and that the petitioner will give an undertaking that he will not alienate the vehicle and change its features and he will produce the vehicle as and when directed by the Court. Admittedly, for getting his vehicle released, the petitioner has a remedy of filing an application under Section 457 Cr.P.C., before the Court below. But, without availing such remedy, the petitioner has directly approached this Court. Considering the same, the petitioner is hereby directed to file an application before the Court concerned, invoking the provisions under Section 457 of Cr.P.C., for return of the vehicle and, on filing of such application, the Magistrate is hereby directed to order release of the vehicle on such conditions as he thinks fit, if the property is deposited before the Court or, if the property is in the custody of the police concerned, to direct them to release the same from their custody. Accordingly, the Criminal Petition is disposed of and miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. ______________ RAJA ELANGO, J 28th December, 2011 v v