Modification of bond requirements in cases involving vehicle release under criminal proceedings.

ORDER

This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’) by the petitioner/accused seeking relaxation of condition No.5 (i) regarding the security deposit of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand Only), and to permit the petitioner to submit a solvency certificate for the release of the petitioner’s vehicle, a Maruti Suzuki Dzire bearing registration No. TG07T8631, by setting aside the docket dated 17.06.2025 passed in Crl.M.P.No.315 of 2025 in Crime No.169 of 2025 of PS Chandanagar.

2. Heard Sri CH.Raj Kumar, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent-State.

3. Learned counsel for the petitioner submitted that the petitioner’s vehicle, a Swift Dzire bearing registration No. TG07T8631, was seized by the Police as part of the investigation into the offence under the provisions of the NDPS Act. The petitioner filed a petition under Section 451 of the Cr.P.C. seeking the release of the vehicle by granting interim custody. The trial Court allowed the petition on the condition of furnishing a bond of Rs. 2,50,000/- with one surety. Aggrieved by this order, the petitioner has approached this Court. Hence, he prays for the modification of the order by allowing the furnishing of surety through house valuation instead of the payment of a cash deposit as FDR.

4. Learned Additional Public Prosecutor submitted to pass appropriate orders.

5. Perused the record. The RC of the vehicle reveals that the petitioner herein is the owner of the vehicle, which was registered on 02.12.2024 bearing No. TG07T8631. Learned counsel for the petitioner further submitted that the petitioner is a cab driver and is still paying monthly instalments, as the vehicle was purchased under finance.

6. Considering the submissions made by the learned counsel for the petitioner, this Court is of the considered view that reducing the said amount to a bond of Rs.1,00,000/- with one surety would meet the ends of justice. The remaining conditions imposed by the trial Court are not altered.

7. Accordingly this Criminal Petition is disposed of.