IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY SEVENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.7108 OF 2010 Between : Shaik Mastan Saheb ....PETITIONER A N D The State of A.P. rep.by P.P. …RESPONDENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.7108 OF 2010 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner to set aside the order dated 14.07.2010 in Crl.M.P.No.157 of 2010 in Crime No.57 of 2010 on the file of First Additional District & Sessions Judge, Krishna at Machilipatnam. 2. In this petition the petitioner further seeks a direction to release the lorry bearing No.AP-21-X-6190 involved in Crime No.57 of 2010. The case was registered in the above said crime against two persons for the offence punishable under Section 8 (c ) read with 20(B) of NDPS Act,1985. The said accused are driver and cleaner of the said vehicle. 3. Learned counsel for the petitioner filed a petition before the trial Court for return of the said vehicle under Section 451 Cr.P.C. The learned Judge dismissed the petition on the ground that the investigation is still pending. 4. As per Section 451 Cr.P.C. the learned Judge is having power to return the vehicle even though the investigation is pending. In the present case, the petitioner submits that the vehicle may expose to sunlight and rain, which will cause damage to the vehicle. 5. Accordingly, the present petition is allowed and the learned Judge is directed to return the vehicle to the petitioner with the following conditions. i) The petitioner is directed to execute a bond for Rs.5,00,000/- and also produce title deeds to the same amount before the trial Court. ii) The petitioner is directed not to alter the vehicle or alienate the vehicle till the disposal of the trial. iii) The petitioner is directed to produce the vehicle before the trial court as and when directed by the trial Judge. 6. With the above observations, the criminal petition is disposed of. _________________________ JUSTICE RAJA ELANGO JULY 27, 2010. YVL