THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1925 of 2010 JUDGMENT: The petitioner herein, who is arrayed A-24 in Crime No.130 of 2010 of Nampally Police Station and whose vehicle i.e., Omnibus bearing No.AP.07.M.2232 was seized by the Police in connection with the said crime, registered for the offence punishable under Section 9(1) of A.P.Gaming Act, 1974 and Section 3 (A) of A.P. Prevention of Cruelty of Animals Act, approached this Court and filed the present Revision Case, challenging the order, dated 20.08.2010, passed in Crl.M.P.No.1609 of 2010 on the file of the Judicial Magistrate of First Class, Deverakonda. Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the respondent-State. From the record, it appears that the Police personnel of Nampally Police Station raided the premises where the gaming act was conducted and seized 17 cocks, 19 cell phones, cash of Rs.96,500/-, two motor cycles and also the vehicle bearing No. AP.07.M.2232, belonging to the petitioner, under the panchanama. When a vehicle is involved in a crime of this nature, normally it will be seized by the Police and produced before the Magistrate concerned and the vehicle is required during the course of trial. But, as the learned counsel for the petitioner submitted that the petitioner is eaking out his livelihood from out of the earnings of the said vehicle, this Court is of the view that the said vehicle be ordered to be released in favour of the petitioner, however, on certain conditions. Accordingly, the Criminal Revision Case is allowed and the impugned order, dated 20.08.2010, passed in Crl.M.P.No.1609 of 2010 on the file of the Judicial Magistrate of First Class, Deverakonda, is hereby set aside, however, on condition of the petitioner furnishing a personal bond for a sum of Rs.2,00,000 (Rupees Two lakhs only) with two sureties each for the like sum and to the satisfaction of the Judicial Magistrate of First Class, Deverakonda. Consequently, the vehicle bearing No. AP.07.M.2232 be released in favour of the petitioner. Further, the petitioner is directed to give an undertaking that he shall produce the said vehicle as and when required and that, he shall not alienate or change the colour and shape of the said vehicle. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 25th October 2010 Note: Issue CC by tomorrow. B/o DR