HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO. 19020 OF 2010 Tuesday, the Tenth day of August, Two Thousand and Ten Between Gutha Suresh and another. Petitioners AND The Station House Officer, Nandigama Police Station, Nandigam, Krishna District. Respondents ORAL ORDER: The grievance of the petitioner is with regard to the action of the police authorities in seizing his vehicles bearing Registration No.AP-16/TY-3688 and AP16/TY-4578. The said vehicle is said to have been transporting sand at that time. In his counter affidavit, the Sub-Inspector of Police, Nandigama Police Station, stated that the subject vehicle was seized in connection with Crime No. 203 of 2010 of Nandigama Police Station under Sec. 379 IPC and was produced before the Court of the Addl. Judicial Magistrate of First Class, Nandigama on 9.7.2010. In the light of Sec. 451 of the Code of Criminal Procedure, the proper remedy for the owner of the vehicle is to approach the Magistrate concerned and seek release of the vehicle in terms thereof. As pointed out by the Supreme Court in Sunderbhai Ambalal Desai Vs.State of Gujarat([1]), it does not serve any purpose to leave the seized vehicle exposed to the elements whereby it is rendered useless. The concerned Magistrate shall act upon the application, as and when filed by the petitioner under Sec. 451 of the Code of Criminal Procedure expeditiously and release the vehicles into the custody of the petitioner on suitable terms, in any event not later than two weeks from the date of filing of such application. The writ petition is disposed of with the aforestated direction. No order as to costs. __________________ Justice Sanjay Kumar August 10, 2010 CC in three days [1] (2002) 10 SCC 283