HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8746 of 2011 ORDER : Petitioner approached this Court seeking interim custody of his Lorry bearing Registration No. AP 23 Y 4545 seized in connection with Crime No.87 of 2011 of Itikyal (M), Mahabubnagar District, registered for the offences punishable under Section 379 IPC and Section 27 read with Section 35 (i) of AP WALTA Act. The material available on record reveals that the petitioner is the owner of the subject vehicle. By order dated 08.09.2011 in Crl.M.P.No.1126 of 2011 in Crime No.87 of 2011, the Judicial Magistrate of First Class at Alampur, dismissed the petition filed by the petitioner under Section 451 of Cr.P.C., for return of his lorry, on the ground that the accused were not yet arrested and the investigation was still pending. Heard. Learned counsel for the petitioner submitted that the petitioner is the owner of the subject lorry and he is not the accused of the alleged offence. He further submitted that the petitioner is not aware of the fact of his vehicle being used by the driver for illegal transportation of sand. Learned counsel further submitted that the petitioner purchased the lorry by taking loan and unless the vehicle is released to him, he cannot pay the loan amount and that he is ready to execute personal bond and produce the vehicle as and when required by the trial Court and if the vehicle is kept in the custody of Police for a long period, irreparable loss would be caused to him. Considering the above circumstances, it is directed that the Lorry bearing Registration No.AP 23 Y 4545 shall be released for interim custody of the petitioner, subject to final orders to be passed in the main case, on his executing a personal bond for a sum of Rs.5,00,000/- (Rupees Five Lakhs only). It is further directed that the petitioner shall not alienate the vehicle, shall not alter the physical features of the vehicle till disposal of the main criminal case and shall produce the vehicle as and when required by the trial Court. Accordingly, the criminal petition is disposed of. ___________________ JUSTICE RAJA ELANGO Date: 21.09.2011 v v