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2025 DAILYLAW 11822 (AP)

GARA CHIRANJEEVI v. THE STATE OF ANDHRA PRADESH

CRLP/2941/2025 · 2025-03-19

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY. THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2941 OF 2025 Between: Gara Chiranjeevi, S/o.Apparao, aged about 37 Bennabhupalapatnam Village, Rolugunta Mandal. Anakapalli District. years, R/o. ...Petitioner/A4/Owner of the vehicle AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. ...Respondent/Complainant Petition filed 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 relax/Modify the condition of imposing of Rs. 1,00,000/- towards bank guarantee for release of the vehicle passed in CRL.M.P.No.970 of 2024 (Crime No.03 of 2024 of Rolugunta Police Station) dated 18 December 2025 on the file of I Additional District & Session Judge -Cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam against the petitioner. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K. Pridhvi Raju, Advocate for Petitioner and the Assistant Public Prosecutor on behalf of Respondent The Court made the following: APHC010138212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2941/2025 Between: Gara Chiranjeevi ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.KPRIDHVI RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.2941 OF 2025 ORDER: 1. The petitioner is aggrieved by the order, dated 18.12.2024, passed in Crl.M.P.No.970 of 2024, by the Metropolitan Sessions Judge- cum-l Additional District & Sessions Judge-Special Judge for Trial of Offences under the NDPS Act, Visakhapatnam. In the said order, the learned Sessions Judge imposed a condition of furnishing a bank guarantee of Rs. 1,00,000/-, along with other conditions, for the release of the Bajaj Pulasar 150 DTS1 motorcycle bearing registration number AP 40 AB 7762, towards interim custody. 2. Heard the learned counsel for the petitioner. 3. The learned counsel for the petitioner submits that the petitioner is the owner of the vehicle, a Bajaj Pulsar 150 DTS1 motorcycle bearing registration number AP 40AB7762, which was seized by the police in Crime No.3 of 2024 of Rolugunta Police Station for / / the alleged offence under the NDPS Act. 4. The learned counsel further submits that the learned Sessions Judge, while granting interim custody of the vehicle, has imposed certain conditions. These include execu^g a personal bond of -2- CRLP. No.2941 of 2025 0 Rs. 1,00,000/- with one surety for the like sum to the satisfaction of the learned Magistrate and furnishing a bank guarantee of Rs. 1,00,000/- among other requirements. The learned counsel further contends that the condition of furnishing a bank guarantee and also furnishing one surety is onerous. 5. Having considered the submissions made by the counsel for the petitioner, this Court deems it appropriate to modify the order of the learned Sessions Judge by setting aside the condition to furnish a bank guarantee of Rs. 1,00,000/-, while the rest of the order remains unchanged. 6. Accordingly, the criminal petition is disposed off. 7. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. Sd/- K J RAJA BABU 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. 2. The Additional Judicial First Class Magistrate, Narsipatnam, Visakhapatnam District. 3. The Station House Officer, Rolugunta Police Station, Visakhapatnam District. 4. One CC to Sri K Pridhvi Raju Advocate [OPUC] 5. Two CC's to the Public Prosecutor, High Court of Andhra Amaravati [OUT] 6. Three CD Copies Pradesh at BSV sree HIGH COURT DATED: 19/03/2025 ORDER CRLP.No.2941 of 2025 DISPOSING OF THE CRIMINAL PETITION