IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2472 OF 2025 Between: M/s Vardhman Hoses Private Limited, represented by its Authorised Representative, Mr. Abhisek Mallick, S/o Late Shree Ramanand Mallick, Regional Marketing Manager, E-1249. G-1259 and F- 1250, Phase-I ( Ghatal) RIICO, Bhiwadi- 301019. ...Petitioner/Accused AND The State of Andhra Pradesh, represented by Public Prosecutor, High Court of Andhra Pradesh , Amaravathi, Andhra Pradesh ...Respondent Petition under Section 440 (2) of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to allow the Criminal Petition by modifying the orders dated 23.08.2024 in Crl.M.P.No.623/2024 in Crime No: 198/2023 of Anakapalli town Police Station, by relaxing the condition of imposing sureties by releasing vehicle on executing personal bond without insisting for furnishing sureties by considering the poor family conditions of petitioners family for release of the lorry bearing the registered no HR 73 A 3526 to the petitioner as interim custody. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Abdus Saleem, Advocate for the Petitioner and the Public Prosecutor behalf of the Respondent. on The Court made the follov\ring: V APHC010115442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2472/2025 Between: M/s Vardhman Hoses Private Limited, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.ABDUS SALEEM Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following Order: The petitioner is aggrieved by the order passed by the Metropolitan Sessions Judge-cum-l Additional District and Sessions Judge-Special Judge for the Trial of Offences under the NDPS Act, Visakhapatnam, in CrI.M.P. No. 623 of 2024. The learned counsel for the petitioner submits that the petitioner is a third party, and Crime No. 198 of 2023 was registered by the Anakapalli Town Police Station. The petitioner is a company that has transported insulating 2. 2 mats of 2mm, 2.5mm, and 3mm in 468 rolls worth Rs. 21,20,224/- by hiring a ^ truck bearing No. HR 73/3526. The said vehicle was seized in Crime No. 198 of 2023 on the file of Anakapalli Town Police Station for the alleged offences under Sections 457, 380, and 120(B) of IPC and Section 23(C), 20(B)(ii)(C) r/w 8(C), and 25 of the NDPS Act. It is submitted that the said material is a rubber product and the same is 3. now detained at the police station, exposed to weather. The same is highly perishable, requires constant maintenance, and has to be stored in a weatherproof condition. The petitioner sought interim custody of the goods and filed a petition under Section 457 of Cr.P.C. The learned Judge has allowed the petition. However, imposed the condition of submitting a personal bond of Rs. 20,00,000/- with one surety and also furnishing a Bank Guarantee for Rs. 20,00,000/-. 4. The learned counsel for the petitioner submits that the material belongs to the petitioner and that the condition of furnishing a Bank Guarantee for Rs. 20,00,000/- is an excessive condition, which warrants interference by this Court. Considering the submissions, it is not in dispute that the contraband 5. NDPS was seized from the lorry cabin. As per the remand report, the contraband has nothing to do with the material, which the petitioner seeks custody. Hence, this Court is inclined to modify the order passed by the learned Judge. The condition of furnishing a Bank Guarantee and one surety 3 for Rs. 20,00,000/- is hereby set aside, and the petitioner shall execute a personal bond of Rs.20,00,000/- before the learned Judge. Accordingly, the order passed by the Metropolitan Sessions Judge-cum-l Additional District and Sessions Judge-Special Judge for the Trial of Offences under the NDPS Act, Visakhapatnam, in Crl.M.P.No.623 of 2024 stands modified. Accordingly, this Criminal Petition is allowed. 6. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR % //TRUE COPY// SECTION OFFICER To. 1. The Metropolitan Sessions Judge-cum-l Additional District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, Visakhapatnam District. The Station House Officer, Anakapalli Town Police Station, Visakhapatnam District. One CC to Sri Abdus Saleem, Advocate [OPUC] Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] Three CD Copies 2. 3. 4. 5. SAM sree ✓ HIGH COURT DATED:17/03/2025 ORDER CRLP.No.2472 of 2025 h 2 5 MAH 2025 Curreni oeciion . ALLOWING THE CRIMINAL PETITION