Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(AP) 8982

HIGH COURT OF ANDHRA PRADESH
N. HARINATH, J
K ALAIAMUDHAN R – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
CRIMINAL PETITION NO: 6555/2025

Advocates:
For the Appellant: NAGENDRA BABU PARAGATI
For the Respondent: PUBLIC PROSECUTOR

The court may allow the release of a vehicle seized in connection with narcotics, provided there are strict conditions to prevent its misuse.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8C and 60 - Seizure of vehicle - Vehicle seized in connection with narcotic offence - Court allowed interim custody of vehicle subject to conditions to prevent re-use for illegal transportation - Personal bond of Rs.50,00,000 required. (Paras 2, 5)

(B) Custody of property - Interim custody of seized vehicle granted on condition of not using it for illegal activities and ensuring production before trial court. (Paras 5)

Facts of the case:
The petitioner, accused in a narcotics case, sought the release of a vehicle seized during the investigation of a drug-related offence, citing the vehicle's deterioration.

Findings of Court:
The vehicle was released to the petitioner under strict terms to prevent its misuse in further illegal activity.

Issues: The key issue was whether the vehicle could be returned to the petitioner without the risk of its misuse for illegal transportation of narcotics.

Ratio Decidendi: The court emphasized the importance of safeguarding against potential misuse while allowing for the preservation of the vehicle's condition.

Result: Criminal Petition is allowed, subject to the conditions set.

Table of Content
1. facts regarding the vehicle seizure for drug-related offence. (Para 2)
2. argument for vehicle's response to conditions. (Para 4)
3. court observation on granting custody under conditions. (Para 5)
4. final decision on allowing the petition. (Para 6)

The petitioner aggrieved by the order passed in Crl.M.P.No.

23 of 2025 in Crime No.155 of 2025 on the file of SEB Police Station, Mangalagiri, Guntur District, filed the present Criminal Petition.

2. The petitioner is arraigned accused No.2 for alleged offence under sections 8C read with 20 (b)(II)(C) of the Narcotic Drugs And Psychotropic Substances Act, 1985 (for brevity ‘NDPS Act’). The Police, during the vehicle checking, found 230.565 Kgs of Dry Ganja, which was transported in 2 different cars. On 9.08.2022, the Police arrested the petitioner and also seized the vehicle bearing No.TN 55 CY 4879 belonging to the petitioner. Thereafter, the petitioner filed a petition vide Crl.M.P.No.23 of 2025, seeking interim custody of the vehicle. However, the said petition was dismissed by the Additional District and Sessions Judge, Guntur, on the ground that the vehicle is liable for confiscation under Section 60 of the NDPS Act and that the petitioners would re-use the car for transportation of band substances.

3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for the State.

4. Learned counsel for the petitioner submitted that the vehicle has been exposed to the harsh weather conditions, and has been lying idle since August 2024 and that the value of the vehicle will depreciate and it is further left unattended would ultimately become rusted and completely useless.

5. Considering the submissions of learned counsel for the petitioner, the vehicle bearing No. TN 55 CY 4879 shall be released to the petitioner's custody subject to the petitioner submitting a personal bond of Rs.50,00,00/-. The petitioner shall not dispose the vehicle nor re-use it for any illegal activities. It is also made clear that the petitioner shall produce the vehicle before the trial Court as and when required.

6. Accordingly, the Criminal Petition is allowed.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

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2025 Supreme(Online)(AP) 8982

HIGH COURT OF ANDHRA PRADESHN. HARINATH, JK ALAIAMUDHAN R – AppellantVersusTHE STATE OF ANDHRA PRADESH – RespondentCRIMINAL PETITION NO: 6555/2025

The court may allow the release of a vehicle seized in connection with narcotics, provided there are strict conditions to prevent its misuse.

HIGH COURT OF ANDHRA PRADESH
N. HARINATH, J
K ALAIAMUDHAN R – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
CRIMINAL PETITION NO: 6555/2025