HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.6544 of 2010 ORDER: This Criminal Petition is filed by the petitioner-owner of Hero Honda Splender Plus two wheeler bearing No.TN 23 AE 6829 seeking a direction to the 1st respondent herein to forthwith release the said vehicle seized in connection with POR No.72/2009-2010. 2. Heard both sides. 3. The learned counsel for the petitioner submitted that the vehicle in question belongs to the petitioner and it was seized by the respondents on 22.07.2009 in connection with POR No.72/2009-2010. He further submitted that the petitioner filed Crl.M.P.No.931 of 2010 before the IV Addl. Judicial Magistrate of First Class, Chittoor, under Section 451 Cr.P.C. seeking interim custody of the vehicle, but the said petition was dismissed on 22.04.2010. He further submitted that the petitioner has nothing to do with the alleged crime and the vehicle is still lying in the premises of the 1st respondent and it is exposed to atmospheric calamities. If the said vehicle is kept idle for some time, it would be damaged. 4. In my considered view, the finding of the court below that in view of omission of Sub-section 2 of Section 50 of the Wild Life (Protection) Act, 1972 (for short “the Act”), the vehicle cannot be ordered to be released, is not correct. In fact, in similar circumstances, the Apex Court in State of M.P. V. Madhukar Rao[1] held that the provisions of Section 50 of the Act and the amendments made thereunder do not in any way affect the Magistrate’s power to make an order of interim release of the vehicle under Section 451 of the Code. In the light of the same, this Court is inclined to order release of the vehicle on some conditions. 5. Accordingly, the Criminal Petition is allowed and it is directed that the vehicle in question shall be released in favour of the petitioner by way of interim custody on his executing a personal bond in a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for the like sum each to the satisfaction of the Forest Range Officer, Chittoor East, Chittoor, 1st respondent herein, and also furnishing an undertaking that he shall not alienate or transfer/encumber the vehicle and change its nature till disposal of the case and he shall produce the vehicle, as and when required, during pendency of the case. _______________________________ GOPALA KRISHNA TAMADA,J 12th July, 2010 Note: Furnish C.C. by two days. (b/o) cbs HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.6544 of 2010 (Allowed) Date:12.07.2010 Note: Furnish C.C. by two days. (b/o) cbs [1] AIR 2008 (SCW) 787