THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12602 OF 2011 ORDER: Petitioner approached this Court with a prayer to return the vehicle i.e., Auto bearing Registration No. TN-73 Y - 5950 involved in Crime No.43/2011 of Palasamudram Police Station, Chittoor District, for the offence punishable under Section 7(A) read with 8(e) of APP Act, 1995. Heard. As per the decision of the Hon’ble Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat ([1]), wherein it was held that in case of vehicles seized during investigation, they should not be allowed to deteriorate by being kept unused and unattended in the premises of the police stations. Therefore, the vehicle has to be entrusted to the interim custody of the petitioner subject to appropriate conditions. In the result, the Criminal Petition is allowed and the vehicle i.e., Auto bearing Registration No. TN-73 Y - 5950 involved in Crime No.43/2011 of Palasamudram Police Station, Chittoor District, shall be entrusted to the interim custody of the petitioner, subject to the condition of the petitioner executing a personal bond for Rs.1,00,000/- (Rupees One lakh only) to the satisfaction of the said Station House Officer. Further, the petitioner shall give an undertaking that he shall not alienate the said vehicle and shall produce the same as and when required in connection with the said crime. However, this order does not preclude the authorities concerned from proceeding with the confiscation proceedings. ___________________ JUSTICE RAJA ELANGO 8th December 2011 Rns [1] (2002) 10 SCC 283