APHC010189632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4072/2025 Between: Y. Sudhakar ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following Order: This Criminal Petition, under Section 482 Cr.P.C., has been filed by the petitioner herein seeking to direct the respondent to release the vehicle bearing No.AP 39 TH 9079 which was seized in connection with Crime No.14 of 2025 of Isvi Police Staiton, Kurnool District, registered for the offence punishable under Section 318(4) read with 3(5) of BNS and Section 7(1) of the Essential Commodities Act. 2 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home, appearing for the respondents 1 to 4. 3. Learned counsel for the petitioner submitted that the petitioner is the registered owner of the subject vehicle and that if the vehicle is exposed to sun and air, it gets damaged. It is his further submission that the petitioner is ready to abide by the conditions that may be imposed by this Court, if the vehicle is ordered for interim custody. He placed reliance on the decision of the Hon’ble Supreme Court of India in Sunderbhai Ambalal Desai v. State of Gujarat1. 4. Learned Special Assistant Public Prosecutor opposed the petitioner stating that investigation is pending. 5. The offence alleged is punishable under Section 7(1) of the Essential Commodities Act, 1955. Truth or otherwise of the allegations has to be decided during the course of investigation and trial. Admittedly, petitioner herein is the owner of the subject vehicle. If the vehicle is exposed to sun or air keeping in police station or court premises, unused, there is every possibility of the same getting damaged. Therefore, in the interest of justice, the vehicle can be ordered to be given for the interim custody of the petitioner, however, by imposing certain conditions. 6. In the result, Criminal Petition is allowed. The subject vehicle bearing No.AP 39 TH 9079 which was seized in connection with Crime No.14 1 AIR 2003 SC 638 3 of 2025 of Isvi Police Staiton, Kurnool District, is ordered to be given to the interim custody of the petitioner- a) on his producing the Original R.C. and executing a self bond for the value of the subject vehicle to be assessed by the Motor Vehicle Inspector, with two sureties for the like sum each, to the satisfaction of the jurisdictional Magistrate concerned; b) on his executing an undertaking that he would not alienate the said vehicle or transfer its ownership or change any physical features of the vehicle; and c) on his executing an undertaking that he would produce the vehicle as and when directed by the trial Court till the case is disposed of, in the trial Court. 7. As a sequel thereto, the miscellaneous petitions, if any, pending shall stand closed. ___________________ JUSTICE HARINATH.N Dated : 21.04.2025 BMS