THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.13112 OF 2011 ORDER: Petitioner approached this Court with a prayer to set aside the order dated 16.11.2011 passed by the Judicial Magistrate of First Class, Manuguru, Khammam District, in Crl.M.P.No.1142 of 2011 in P.R.No.654 of 2011-12, and to release the vehicle bearing Registration No. AP 20 AH 4597. Heard. Earlier, the petitioner approached the lower Court by way of filing Criminal M.P. No.1142 of 2011 in P.R.No.654 of 2011-12, for release of his vehicle i.e., Passion Pro motor cycle bearing No.AP 20 AH 4597, and the same was dismissed by the lower Court on the ground that it has no jurisdiction to return the property in excise case. In Sunderbhai Ambalal Desai v. 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 the result, the Criminal Petition is allowed setting aside the order, dated 16.11.2011, passed by the Judicial Magistrate of First Class, Manuguru, Khammam District, in Crl.M.P.No.1142 of 2011 in P.R.No.654 of 2011, and the vehicle bearing Registration No. AP 20 AH 4597 seized in P.R.No.654 of 2011-12 on the file of Prohibition & Excise Station, Manuguru, shall be entrusted to the interim custody of the petitioner, subject to the condition of the petitioner executing a personal bond for Rs.10,000/- (Rupees Ten Thousand Only) with one surety for the likesum to the satisfaction of the Judicial Magistate of First Class, Manuguru. Further, the petitioner shall give an undertaking that he shall not alienate the said vehicle and shall produce the same as and when required in connection with the said crime. ____________________ JUSTICE RAJA ELANGO Dated : 15.12.2011 v v [1] (2002) 10 SCC 283