IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION Nos.4619, 4362 and 4363 of 2024

24^th February, 2026 CRIMINAL PETITION No.4619 of 2024 Between:

Jatoth Jetha …Petitioner AND The State of Telangana …Respondent CRIMINAL PETITION No.4362 of 2024 Between:

Gugulothu Sudhakar …Petitioner AND The State of Telangana …Respondent CRIMINAL PETITION No.4363 of 2024 Between:

Eslavath Kousalya …Petitioner AND The State of Telangana …Respondent

COMMON ORDER:

These Criminal Petitions are filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”), seeking release of the petitioners’ vehicles bearing registration Nos. TS 26 T 3465, TS 24 E

6963, and TS 24 G 4658.

2. Since the issues involved in these Criminal Petitions are analogous, they were heard together and are being disposed of by this common order.

3. Heard Mr. Apurva M. Gokhale, learned counsel for the petitioners, and Mr. M. Vivekananda Reddy, learned Additional Public Prosecutor appearing for the respondent–State.

4.1. The brief facts relevant for disposal of these petitions are that, on 07.09.2023, the police of Hasanparthy Police Station seized the aforesaid vehicles and registered Crime No. 280 of 2023 for the offences punishable under Sections 20(b)(ii)(C) and 27 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The petitioners claim to be the owners of the seized vehicles, and the petitioner in Criminal Petition No. 4362 of 2024 is arrayed as Accused No. 12 in the said crime.

4.2. During the pendency of the proceedings, the petitioners filed applications under Section 457 Cr.P.C. seeking interim custody/release of the seized vehicles. By the impugned orders in Crl.M.P. No. 970 of 2023 and Crl.M.P. No. 31 of 2023, the learned Court declined to entertain the applications on the ground that proceedings under Section 52-A of the NDPS Act are pending before the magistrate and that the Sessions Court/Special Court lacked jurisdiction to release the vehicles.

Aggrieved thereby, the present Criminal Petitions have been filed.

4.3. Learned counsel for the petitioners submits that the crime is presently pending before the Special Court constituted under the NDPS Act. He fairly concedes that, on the date when the applications under Section 457 Cr.P.C. were filed, the proceedings under Section 52-A of the NDPS Act had not been completed. However, he contends that the observation of the learned Court that it lacks jurisdiction to consider an application for interim custody pending Section 52-A proceedings is legally untenable and liable to be set aside.

4.4. It is further submitted that, in respect of the very same crime, the learned Court, by order dated 24.11.2023 in Crl.M.P. No. 931 of 2023, granted interim custody of property to another owner. Therefore, it is contended that the petitioners are similarly situated and entitled to consideration of their applications on merits.

5. Learned Additional Public Prosecutor submits in response, that the applications were filed during the pendency of proceedings under Section 52-A of the NDPS Act and that, in such circumstances, the learned Sessions Court/Special Court rightly held that it lacked jurisdiction until completion of the said proceedings. He, therefore, prays for appropriate orders.

6. I have perused the material available on record.

7. The grievance of the petitioners is that their applications under Section 457 Cr.P.C. for interim custody of the seized vehicles were rejected solely on the ground of lack of jurisdiction. A careful consideration of the statutory scheme is therefore necessary.

8. Section 52-A of the NDPS Act provides a special procedure for preparation of inventory, photographing, and drawing samples of seized narcotic drugs and psychotropic substances, to ensure preservation of evidence and facilitate expeditious disposal of such contraband. The procedure contemplated therein is primarily intended to s