HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.7635 of 2009 Dated : 18.09.2009 Between : B.Ranga Rao ….. Petitioner a n d The State of A.P. & 2 others ….. Respondents HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.7635 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 crime and occurrence report No.799/2009-2010 of Prohibition & Excise Station, Khammam, was registered on the interception of the subject vehicle in which a bag containing 10 covers containing illicitly distilled liquor was stated to be carried by the accused in the crime and the vehicle was also seized. The petitioner claims that he came to know that his brother was transporting such liquor on his motorcycle. The petitioner produced copies of the registration certificate and driving licence to show that he is the ostensible owner of the motorcycle in question. Irrespective of the truth or otherwise of the claims of the petitioner, if the vehicle is kept unattended and unused, it will deteriorate in value and utility by the time the criminal proceedings are finalized. Such contingency has been advised to be avoided by the Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat[1] wherein the orders under Section 451 of the Code of Criminal Procedure were directed to be passed expeditiously and judiciously within six months. Therefore, the vehicle has to be entrusted to the interim custody of the petitioner subject to appropriate conditions. In the result, TVS motorcycle bearing No.AP 20 S 5892 seized in C.O.R.No.799/2009-2010 on the file of Prohibition & Excise Station, Khammam, shall be entrusted to the petitioner for interim custody on his execution of a personal bond for Rs.30,000/- with one surety for a likesum to the satisfaction of the Special Judicial Magistrate of First Class for Prohibition & Excise Cases, Khammam, and further subject to the petitioner undertaking to produce the vehicle whenever directed and to maintain the vehicle in the same physical state without any change in its physical features and not to alienate the same till the finality of the criminal proceedings. The criminal petition is ordered accordingly. ______________________ G.BHAVANI PRASAD, J 18th September, 2009 SUR [1] 2002 (10) SCC 283