THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA Trl.Crl.P.No.12676 of 2010 ORDER: This Criminal Petition is filed seeking to direct the Judicial First Class Magistrate, Kothagudem, to release the Auto bearing No.AP-20-TA-5220 belonging to the petitioner, which was seized in connection with Cr.No.1027 of 2010-11 of the Prohibition and Excise Station, Kothagudem. A case was registered against the petitioner herein for the offence punishable under Section 7 (a) read with 8(e) of A.P. Prohibition Act on the file of the Prohibition and Excise Station, Kothagudem and in that connection, the Excise Police seized the said vehicle on the allegation that I.D. liquor was found in possession of the passenger travelling in the said auto on 09.12.2010. Learned counsel for the petitioner submitted that the petitioner is eking out his livelihood by hiring the said auto and hence, prayed the Court to allow this petition. Having heard the learned counsel on either side and also in view of the facts and circumstances of the case, this Court is of the view that the said vehicle can be ordered to be released in favour of the petitioner. Accordingly, this Criminal Petition is allowed and the said vehicle i.e., Auto bearing No.AP-20-TA-5220 shall be released in favour of the petitioner, on condition of the petitioner executing a personal bond in a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate at Kothagudem. Further, the petitioner shall give an undertaking that he shall not alienate the said vehicle or change its nature till the disposal of the case before the Court below, and that, he shall produce the said vehicle as and when required by the Court below. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 28th December 2010 DR