THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.3936 OF 2011 DATED: 26.07.2011 ORDER: This petition is filed under Section 482 r/w 457 of Cr.P.C., seeking a direction to the learned Judicial Magistrate of First Class, Nizamabad to release the vehicle bearing registration No. A.P-28T 6471 seized in Cr.No.1929 of 2010-2011, on 18.03.11. 2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 3rd respondent-State. Perused the records. 3. Petitioner claims to be the owner of the vehicle-Tata lorry bearing No.A.P-28T 6471. According to the prosecution, the vehicle is involved in Cr.No.1929-2010- 11 of Prohibition and Excise Station, Nizamabad registered for the offences under Sections 34 (a) and 37 (a) of the A.P.Excise Act, 1968 and Section 8(2) read with section 22 of NDPS Act. The lorry was found to be carrying huge quantities of toddy; raw Choral hydrate and raw diazepam. Investigation is stated to be still pending and charge sheet is yet to be filed. 4. Having regard to the gravity of the nature of the offences alleged and in view of the fact that the investigation is still pending, it is felt neither just nor proper to order release of the seized vehicle at this stage. 5. In the result, Criminal Petition is dismissed. _______________________ G.V.SEETHAPATHY, J 26th July, 2011 Tsy