HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8766 OF 2011 ORDER: This Criminal Petition is filed by the petitioner, under Section 482 of Cr.P.C., with a prayer to direct the Deputy Commissioner, Prohibition and Excise, Bhadrachalam, Khammam District, 2nd respondent herein, to forthwith release Hero Honda Motor Vehicle bearing registration No.MBLHA 12EM 9402924 and Engine No.HA 12EF B9 2982 seized in connection with C.O.R.No.115 of 2011-12 of Prohibition and Excise Station, Bhadrachalam, Khammam District. Learned counsel for the petitioner has submitted that the 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, that the petitioner has already filed a petition before the Judicial Magistrate of First Class, Bhadrachalam, for interim custody of the vehicle, but the learned Magistrate returned the said petition on the ground of jurisdiction, and that the 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. Therefore, he prayed to allow the criminal petition. 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 petitioner subject to appropriate conditions. In view of the decision of the Apex Court, the Hero Honda Motor Vehicle bearing registration No.MBLHA 12EM 9402924 and Engine No.HA 12EF B9 2982 seized in connection with C.O.R.No.115 of 2011-12 of Prohibition and Excise Station, Bhadrachalam, Khammam District, shall be entrusted to the interim custody of the petitioner on the following conditions: a) he shall execute a personal bond for Rs.15,000/- (Rupees Fifteen thousand only) to the satisfaction of the Station House Officer, Prohibition and Excise Station, Bhadrachalam, Khammam District; 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. The Criminal Petition is allowed accordingly. __________________ RAJA ELANGO, J 21st September, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8766 OF 2011 (Allowed) 21st September, 2011 cbs [1] (2002) 10 SCC 283