THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.7615 of 2009 DATED:18.09.2009 Between: G.Lingaiah .. Petitioner And The State of Andhra Pradesh, rep., by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.7615 of 2009 ORDER: Heard Sri Palle Nageswar Rao, learned counsel for the petitioner, and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor for all the respondents. The petitioner filed a copy of the certificate of registration of the vehicle in question showing that he is ostensible owner of the same. Cr.No.41 of 2009 of Chandur Police Station, Nalgonda District was registered on the allegation that black jaggery and alum were being carried in the auto in question by the auto driver and that black jaggery and alum are used in making illicitly distilled liquor. The charge sheet was filed only against the auto driver and the petitioner claims that he is innocent of the offences and that he is living with the income derived by running the auto in question. Apart from black jaggery being not a prohibited and regulated commodity under any law, the petitioner claims that the vehicle will be damaged, if kept idle and he loses his income, if the interim custody of the vehicle is not entrusted to him. In the light of the principles laid down by the Apex Court in Sunderbhai Ambalal Desai V. State of Gujarat[1], the interim custody of the auto has to be entrusted to the petitioner under the circumstances. Therefore, auto bearing No.AP-24X-4792 seized in Cr.No.41 of 2009 on the file of Chandur Police Station in C.C.No.383 of 2009 on the file the Special Judicial Magistrate of First Class (Prohibition and Excise), Nalgonda shall be entrusted to the interim custody of the petitioner on his execution of a personal bond for Rs.60,000/- (Rupees sixty thousand only) with one surety for a likesum to the satisfaction of the Judicial Magistrate of First Class (Prohibition and Excise), Nalgonda and further subject to the petitioner undertaking to maintain the vehicle in the same physical state without any alteration of physical features and not to alienate the same and to produce the same whenever directed by the Court. Accordingly, the Criminal Petition is allowed. ___________________ G. BHAVANI PRASAD, J 18th September 2009 KH [1] (2002) 10 SCC 283