APHC010579932024 IN THE HIGH COURT OF ANDHRA PRADESH [3327]

AT AMARAVATI (Special Original Jurisdiction)

FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.SREENIVASA REDDY CRIMINAL REVISION CASE NO.1316 OF 2024 Between:

Teparthi Srinivas ...PETITIONER AND The State and another ...RESPONDENT(S)

Counsel for the Petitioner: 1. ARRABOLU SAI NAVEEN Counsel for the Respondent(S):

1. Public Prosecutor

2. ….

The Court made the following ORDER:

This Criminal Revision Case has been filed against the order, dated 22.08.2024, passed in Crl.M.P.No.480 of 2024 on the file of the learned Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge-cum-Special Judge for trial of cases under the Narcotic Drugs and Psychotropic Substances Act, 1985, Visakhapatnam to the extent of imposing conditions directing the petitioner herein to execute a bond for Rs.9,00,000/- and also furnish bank guarantee for an amount of Rs.9,00,000/- for release of Bolero Pickup FB PS AC 1.3T Vehicle bearing registration No.AP 39 UQ 0091 towards interim custody.

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

3. The petitioner herein/A-2 is owner of the subject vehicle, which was seized in Crime No.129 of 2023 of Narsipatnam Rural Police Station, Anakapalli district, registered for the offences punishable under Sections 20(b)(ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short „the NDPS Act‟). The Investigating Officer seized the vehicle during the course of investigation. Thereafter, the petitioner/A-2, who is claiming to be the owner of the said vehicle, filed a petition in Crl.M.P.No.480 of 2024 before the learned Sessions Judge seeking interim custody of the said vehicle. The learned Sessions Judge, by an order dated 22.08.2024, allowed the said petition on the following conditions.

“In the result, the petition is allowed. The petitioner shall execute a bond for Rs.9,00,000/-

(Rupees Nine Lakhs only) with one surety for like sum to the satisfaction of Additional Judicial First Class Magistrate, Narsipatnam. The petitioner shall furnish bank guarantee for Rs.9,00,000/-. The petitioner shall produce the vehicle before this Court as and when he is directed during the trial and also during confiscation proceedings, if any such proceedings are initiated. The petitioner shall not alienate the vehicle or change its nature and character or physical features during the pendency of the case. The vehicle shall not be used for the commission of any offence. The Investigating Officer shall take the photographs of the vehicle from all angles for the purpose of future identification of the vehicle.”

4. Aggrieved by the conditions imposed by the learned Sessions Judge to the extent of directing the petitioner herein to execute a bond for Rs.9,00,000/- with one surety for a like sum and to furnish a bank guarantee for an amount of Rs.9,00,000/-, the present Criminal Petition is filed.

5. Learned counsel appearing on behalf of the petitioner submits that the learned Sessions Judge, having observed in para 8 of the impugned order that the value of the vehicle, as per the insurance policy, is Rs.9,30,000/-, erred in directing the petitioner to execute a bond for Rs.9,00,000/- and furnish bank guarantee of Rs.9,00,000/-, which is onerous.

6. In view of the aforesaid facts and circumstances of the case, the second condition imposed by the learned Sessions Judge in the order, dated 22.08.2024, passed in Crl.MP No.480 of 2024, to the extent of directing the petitioner herein to furnish bank guarantee for an amount of Rs.9,00,000/- is hereby set aside. The rest of the conditions imposed by the learned Sessions Judge shall remain unaltered.

7. With the above said modification, the Criminal Revision Case is disposed of.

As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Revision Case shall stand closed.

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