APHC010060942026 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI [3521]

(Special Original Jurisdiction)

TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 3493/2026 Between:

1.HARI OM FREIGHT CARRIERS PVT LTD, REP BY ITS DIRECTOR, ADITYAAGARWAL S/O. RAVINDER KUMAR AGARWA, AGED ABOUT 31 YEARS, AD 99, 1STAND 2ND FLOOR. SALT LAKE CITY, SECTOR-

I, NEAR 3 NO. ISLAND, KOLKATA, WEST BENGAL-700064.

2.SANTA ROADWAYS,, REP BY ITS PARTNER, ADARSH GUPTA S/O.

DINESH GUPTA AGED ABOUT 26 YEARS, R/O. CJ-89, SALT LAKE CITY, SECTOR- 11, OPP. TANK NO.9, SECH BHAWAN S.O, KOLKATA, WEST BENGAL - 700091.

...PETITIONER(S)

AND

1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI,AMARAVATI, GUNTUR DISTRICT - 522238.

2.THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 533101.

3.THE STATION HOUSE OFFICER, RAJANAGARAM POLICE STATION, EAST GODAVARI DISTRICT,ANDHRA PRADESH - 533101.

...RESPONDENT(S):

Counsel for the Petitioner(S):

1.KOTAKRISHNA DEEPTHI Counsel for the Respondent(S):

1.GP FOR HOME The Court made the following:

ORDER

The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:

“… to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents especially 3rdrespondent in not releasing the materials/goods pertaining to consignment Nos KOL19470 and KOL19461 dated 18 12 2025 and 22 12 2025 Consignment Nos KOL3491 and KOL3492 being carried in vehicle No MH13D 5280detainedbyrespondentNo3inconnectionwithCrimeNo1of 2026 dated 01 01 2026 under sections 125a 125b of BNS Act 2023 without producing them before the concerned Honble Jurisdictional Magistrate despite the petitioner has made a representation dated 17 01 2026 as illegal contrary to law arbitrary and in violation of the Fundamental Rights guaranteed to the petitioners under Articles 191 g and 21 of Constitution of India and consequently direct the respondents to release the materials/goods pertaining to consignment Nos KOL19470 and KOL19461 dated 18 12 2025 and 22 12 2025 Consignment Nos KOL3491 and KOL 3492beingcarriedinvehicle NoMH 13D 5280detainedbyrespondentNo3 in connection with Crime No 1 of 2026 dated 01 01 2026 under sections 125a 125b of BNS Act 2023 pending enquiry and trial without insisting the petitionerstodepositanysumofmoneyandtopass…”

2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor.

3. It is submitted by Smt. K.K. Deepthi, learned Counsel for the Petitioners, that the vehicle bearing No.MH 13D 5280, while transporting certain goods, was involved in an accident, resulting in grievous injuries to one individual. Consequently, the vehicle was seized and kept in police custody for the purpose of investigation.

4. Sri P.Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the Writ Petition is wholly misconceived, premature, and not maintainable either on facts or in law, as the Petitioners have approached this Court without availing the efficacious statutory remedies under the Code of Criminal Procedure, 1973 and the Bharatiya Nyaya Sanhita, 2023. It is further urged that the seizure of the offending vehicle bearing No.MH 13 DQ 5280, along with the consignment goods, was affected strictly in accordance with law pursuant to Crime No.01/2026 registered under Sections 125(a) and 125(b) of ‘the BNS’, arising out of a grave accident resulting in grievous injuries to innocent passengers. The vehicle and goods constitute vital material evidence, indispensable for the ongoing investigation, trial, and compensation proceedings, and their premature release would irreparably prejudice the course of justice. The learned VIII Additional District and Sessions Court-cum-Special Court for Trial of Offences Against Women, East Godavari District, has already direc