HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10661 OF 2011 ORDER: This Criminal Petition is filed by the petitioners-accused, under Section 482 of Cr.P.C., with a prayer to quash the proceedings in Crime No.219 of 2011 on the file of Alwal (Haliya) P.S., Nalgonda District. Heard and perused the record. The offence alleged against the petitioners is punishable under Section 34(e) of the A.P. Excise Act 1968. Admittedly, the matter is still at the stage of investigation. Further, the complaint reveals that black jaggery and alum is being illegally transported in Mahindra Bolero Camper SC XLF bearing registration No.AP 24Y 8196. Hence, this Court is not inclined to quash the crime. At this stage, learned counsel for the petitioners has submitted that the 1st petitioner is owner of the vehicle and since the date of seizure, it is in the custody of the police and if it is exposed to sun and rain, there is every likelihood of the vehicle being spoiled, and that the 1st petitioner will give an undertaking that he will not alienate the vehicle and change its features and he will produce the vehicle as and when directed by the Court and, therefore, he prayed to order interim custody of the vehicle to the 1st petitioner. In Sunderbhai Ambalal Desai Vs. State of Gujarat[1] the Apex Court has laid down 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 owner subject to appropriate conditions. In view of the above, the Mahindra Bolero Camper SC XLF bearing registration No.AP 24Y 8196 seized in connection with Crime No.219 of 2011 on the file of Alwal (Haliya) P.S., Nalgonda District, shall be entrusted to the interim custody of the 1st petitioner on the following conditions: a) he shall execute a personal bond for Rs.2,00,000/- (Rupees Tw0 lakh only) to the satisfaction of the 2nd respondent herein; b) he shall not alienate the vehicle or alter its nature; and c) he shall produce the vehicle before the Court concerned, as and when directed by the learned Magistrate. Further, the 3rd respondent is at liberty to proceed with the confiscation proceedings. Accordingly, the Criminal Petition is disposed of. __________________ RAJA ELANGO, J 3rd November, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10661 OF 2011 (Disposed of) 3rd November, 2011 cbs [1] (2002) 10 SCC 283