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2025 DAILYLAW 11855 (AP)

Bhura Ram v. The State of Andhra Pradesh,

CRLP/2937/2025 · 2025-03-19

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2937 OF 2025 Between; Bhura Ram, S/o. Khima Ram, aged about 34 Years, Presently Residing at 249, Rajavat Ki Bhani, jetu, Arnoo, Jalor, Rajasthan 343030, Previously residing at Choudary VSA at kanodarta-Palanpur, Banaskanth, Gujarath - 385520 ...PETITIONER/A1/ 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 under Section 528 of BNSS 2023 / Section 482 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.4,00,000/- towards bank guarantee for release of the vehicle passed in CRL.M.P.Nb.776 of 2024 (Crime No. 40 of 2023 of Koyyuru Police Station) Dated 17th December 2024 on the file of the I Additional District & Session Judge -Cum- Special Judge for Trial of Offences under NDPS Act, Visakhapatnam 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 the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent The Court made the following ORDER : 0^ • APHC010138202025 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: 2937/2025 Between: Bhura Ram ...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: CRLP. No.2937 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.2937 OF 2025 ORDER: 1. The petitioner is aggrieved by the order, dated 17.12.2024, passed in Crl.M.P.No.776 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.4,00,000/-, along with other conditions, for the release of the Maruti Suzuki Car bearing registration number GJ 07 BR 9204, 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, Maruti Suzuki Car bearing registration number GJ 07 BR 9204, which was seized by the police in Crime No.40 of 2023of Koyyuru 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 executing a personal bond of Rs.4,00,000/- with one surety for the like sum to the satisfaction of "f CRLP. No.2937 of 2025 I the learned Magistrate and furnishing a bank guarantee of Rs.4,00,000/- among other conditions. 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.4,00,000/-, 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 SD/- B.PRASADA RAO ASSISTANT REGISTRAR shall stand closed. //TRUE COPY// SE OFFICER To, 1. The I Additional District & Session Judge -Cum- Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Station House Officer, Koyyuru Police station, Visakhapatnam District 3. One CC to Sri K Pridhvi Raju, Advocate [OPUCJ 4. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. Three CD Copies MV TAG * \ HIGH COURT DATED: 19/03/2025 ORDER CRLP.No.2937 of 2025 * 09 APR 2025 ? ^ . Current section . S^esPATCW^^ DISPOSING THE CRIMINAL PETITION