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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

CRIMINAL PETITION No.5014 of 2026

Date: 07.04.2026

Between:

Midde Swamy Goud ...Petitioner

AND

The State of Telangana, Represented by its Public Prosecutor, High Court for the State of Telangana at Hyderabad and another.

...Respondent

ORDER

This Criminal Petition has been filed aggrieved by the

dismissal order passed by the I Additional District and Sessions Judge at Sangareddy in Crl.M.P.No.80 of 2026 in Crime No.147 of 2025 of P.S. Zaheerabad Town seeking interim custody of the petitioner’s vehicle namely Hyundai Creta Car bearing registration

No.TS-09-EV-7353.

2. Heard Mr. Kasireddy Mohan, learned counsel for the petitioner, and Mr. Jithender Rao Veeramalla, learned Additional

Public Prosecutor for the respondents.

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3. Learned counsel for the petitioner submitted that the petitioner is the owner of the Hyundai Creta Car bearing registration No.TS-09-EV-7353 and the said vehicle was seized by the Station House Officer, Zaheerabad Town Police Station, in respect of F.I.R.No.147 of 2025 on the alleged ground that accused No.2 was transporting contraband i.e., 770 grams of Alprazolam in the said vehicle. The petitioner is not an accused in the said crime, and he has not committed any offence under the provisions of Section 8(c) read with 22(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”). He further submitted that the petitioner is a third party, and he filed an application seeking release of the vehicle before the learned I Additional District and Sessions Judge, Sangareddy. However, the trial Court, without properly considering the contentions raised by the petitioner, erroneously dismissed the said application on 12.02.2026. The vehicle has been in the custody of Station House Officer, Zaheerabad Town Police Station, for the past one and half year and the petitioner is ready and willing to abide by the conditions which are going to be imposed by this Court. He also submitted that the petitioner is using the vehicle for his personal

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use and unless the vehicle is released, the petitioner will be put to

great hardship.

4. Per contra, learned Additional Public Prosecutor submits that the petitioner is not entitled to seek interim custody of the

vehicle till disposal of the said case before the Trial Court.

5. Having considered the rival submissions made by the respective parties and after perusal of the record, it reveals that the petitioner’s vehicle was seized in respect of F.I.R.No.147 of 2025 dated 15.05.2025 and since then, the vehicle was kept under the safe custody of Police Station premises in Zaheerabad Town Police Station. Even according to the Police, the petitioner was not an

accused in the said crime.

6. Taking into consideration the peculiar facts and circumstances of the case, the impugned order passed by the I Additional District and Sessions Judge at Sangareddy in Crl.M.P.No.80 of 2026 in Crime No.147 of 2025 is set aside and this Court is inclined to grant interim custody of the petitioner’s vehicle namely Hyundai Creta Car bearing registration No.TS-09-EV-7353, subject to the condition that the petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties each for a like sum to the satisfaction of the learned I Additional

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District and Sessions Judge at Sangareddy and also on his furnishing an undertaking that he shall not alienate the vehicle, shall not change its physical features, till the disposal of the proceedings, and he shall produce the vehicle as and when required. The Station House Officer, Zaheerabad Town Police Station shall write to the RTA authority not to transfer the vehicle in favour of any third party till the disposal of Crl.M.P.No.80 of 2026 in Crime No.147 of 2025 on the file of the I Additional

District and Sessions Judge at Sangareddy.

7. Accordingly, the criminal petition