HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.24161 OF 2024 ORDER : (ORAL)

This writ petition is filed by the petitioners seeking to declare the action of respondents No.2 and 3 in not releasing the vehicle of the petitioner seized in connection with F.I.R. No.190 of 2024 registered with Miryalaguda I Town Police Station for the offences punishable under Section 8c read with Section 20(b)(ii)(C) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act), as being illegal, arbitrary and unconstitutional.

2. Heard Mr. B. Kanaka Ratna, learned counsel for the petitioner, and Mr. S. Laxmi Narayana, learned Assistant Government Pleader for Prohibition and Excise, and perused the material on record.

3. Learned counsel for the petitioner submitted that the petitioner is the registered owner of the vehicle having purchased the same by availing bank loan. The petitioner is eking out his livelihood from the income derived by giving the vehicle on hire. As per the contents of the report of respondent No.3 dated 12.07.2024, respondent No.3 along with his staff were conducting checking at Miryalaguda to Narketpally Road at Addanki-Narketpally Highway. They seized the contraband of

140.585 kgs of Ganja which was allegedly in possession of five (5) persons along with the subject vehicle. It is alleged that the Accused persons voluntarily confessed their guilt in the presence of mediators, as such, Crime No.190 of 2024 was registered. Learned counsel submitted that the petitioner approached respondent No.3 seeking release of the subject vehicle. Respondent No.3 informed the petitioner to approach the trial Court. Accordingly, the petitioner filed an application before the trial Court seeking release of the subject vehicle but the trial Court stated that it has no power under Section 451 read with 457 Cr.P.C. to release the vehicles in NDPS offence cases. In such circumstances, the petitioner did not have any other alternative but to approach this Court. 4. Learned Assistant Government Pleader for Prohibition and Excise, based on the written instructions dated 03.09.2024, submitted that on noticing the Police from a distance, Accused Nos.1 to 4 fled away from the scene with Ganja packets in their hands. Accused No.5 was found to be in possession of total 14.585 kgs of Ganja and he admitted his role in illicit transportation of Ganja. That total Ganja seized from the Accused persons weighing 87.598 kgs + 52.987 kgs of Ganja was found in Mahindra Marrazo car. LW-14 arrested Accused No.5 on 12.07.2024 at 19.00 hours and issued his arrest card. The grounds of arrest are explained and given to Accused No.5 under Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’); the fact of arrest of Accused No.5 is intimated to his wife under Section 48 of the BNSS and subjected for medical examination in compliance to the provisions laid down under Section 51 of the BNSS. That Accused No.5 was produced before the learned Judicial Magistrate of First Class, Miryalaguda and was remanded to judicial custody. The other Accused persons are absconding. The seized contraband is kept with respondent No.3 at the Police Station under safe custody. Respondent No.3 submitted Form-60 along with the crime property before the learned I Additional Judicial Magistrate of First Class, Miryalaguda (for short ‘learned Magistrate’). The Office of the learned Magistrate informed that the ‘Registrar vide General, FAC, Registrar (Vigilance) ROC No.467/E1/2023, dated vide

14.02.2024, stated that under G.O.Ms. No.57 Law (LA & J Home Courts A2) Department, dated 31.01.2024, Government designed six (6) Excise Courts of Special Judicial Magistrate of First Class with territorial jurisdiction for accepting F.I.Rs. and remands from Narcotic Police Station of Hyderabad, Cyberabad, Rachakonda and Warangal. It is stated that steps are being taken to deposit the crime property including the subject vehicle before the learne