IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL APPEAL NO: 778 OF 2024 Appeal under Section 21(1) of the National Investigation Agency - 2008 against the orders dated 23-02-2024 in CRL.M.P No.1114/2023 in Crime No. RC-01/2021/NIA/ HYD by Special Judge for NIA III Additional District Court at Visakhapatnam. Between: Soma Lakshmi Devi, W/o Soma Krishna Murthi, Aged 68 R/o D.No.5-1307. 1"* Cross, Sri Nagar colony Road No.1, Dorasani palle Road, Proddutur Mandal, YSR District, AP. cases - cum - year. House wife ...Accused/Petitioner AND The Special Public Prosecutor, National Investigation Agency, Rep. by Deputy Superintendent of Police, NIA, Amaravathi. ...Complainant/Respondent Counsel for the Appellant: Sri Srinivasulu P Counsel for the Respondent: Sri Pasala Ponna General of India The Court made the following: Rao, Deputy Solicitor APHC010192892024 IN THE HIGH COl^RT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3517] MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL APPEAL NO: 778/2024 Between: Soma Lakshmi Devi ...APPELLANT And The Special Public Prosecutor, National Investigation Agency, Hyderabad Counsel for the Appellant: ...RESPONDENT 1.SRINIVASULU P Counsel for the Respondent: I.Pasala Ponna Rao, DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following JUDGMENT: Questioning the order dated 23.02.2024 passed by the learned Principal Special Judge for C.B.I. Cases, Visakhapatnam, in CrI.M.P.No.111 4/2023, the appellant filed the present appeal under Section 21(1) of the National Investigation Agency Act, 2008. 2 The appellant filed CrI.M.P.No.1114/2023 before the learned Special Judge under Sections 451 and 457 CtP.C. seeking to return the cash of 2. i Rs. 12.50 lakhs, which was seized from the house of the appellant. The brief facts of the case are as follows: 3. (a) The National Investigation Agency (for short, ‘the N.I.A.’) issued a search notice under Section 165(3) to one Smt. Agamani @ Padma, w/o. Soma Ravi Kumar to conduct search of the house bearing D.No.5/1307. Said notice was issued on 02.10.2023, in pursuance of the search authorization issued by the Superintendent of Police, N.I.A. in RC.No.01/2021/NIA/HYD dated 07.03.2021. Said Agamani @. Padma is the daughter-in-law of appellant. The appellant and her husband due to their old age are living in the said house bearing D.No.5/1307 with their son and daughter-in-law. In pursuance of the search, the N.I.A Police seized Rs.12.50 lakhs on 02.10.2023 from the said house. It is contended by the appellant that during the partition she got an amount of Rs.12.50 lakhs from their father. Her sisters also received amounts during the said partition. The father of the appellant gave that amount towards Pasupu kumkuma after selling the agricultural land under a registered document, which was annexed to the present appeal. The registered Sale D^ed was executed on 19.04.2023. In the said division, the appellant got Rs.12.50 lakhs and she kept in the house for their medical expenses. The appellant is aged about 68 years and she is residing in the said house along with her husband, where her son and »>—t daughter-in-law are residing. 3 (b) The respondent opposed th^ said application. (c) After hearing both sides, learned Special Judge dismissed the petition, filed by the appellant, which is impugned in the present appeal. Heard Sri P.Srinivasulu, learned counsel for the appellant, and Sri 4. Pasala Ponna Rao, learned Deputy Solicitor General for the respondent. 5. Learned counsel for the appellant contends that though the amount of Rs.12.50 lakhs was seized as early as on 02.10.2023, the N.I.A. has not gathered any material incriminating against the appellant. He further contended that neither the appellant nor her daughter-in-law Agamani @ Padma are shown as accused in the said crime. Though the amount was 1 seized on 02.10.2023, till today, the prosecution could not able to get any material in support of their contention. But, the trial Court dismissed Crl.M.P.No.1114/2023 on the ground that the Sale Deed was executed by the father of the appellant and the appellant is not the signatory to the Sale Deed dated 19.04.2023. Be that as it may, though the amount was seized as early as on 02.10.2023, the prosecution could not able to get any material to show the involvement of appellant in the above crime. In view of the above facts and circumstances, this Court is inclined to 6. allow this Criminal Appeal at the admission stage, and directed the trial Court to return cash of Rs.12.50 lakhs seized from the house of the appellant bearing D.No.5/1307. 4 In the result, this Criminal Appeal is allowed by setting aside the order in CrI.M.P.No.l 114/2023 dated 23.02.2024 passed by the learned Principal i The learned Principal Special Judge for C.B.I. Cases, Visakhapatnam. Special Judge for C.B.I. Cases, Visakhapatnam, is directed to release cash of Rs. 12.50 lakhs (Rupees twelve lakhs and fifty thousand only) in favour of the appellant on condition of the appellant furnishing a personal bond equivalent to the said amount after taking photograph and video of the cash of Rs. 12.50 lakhs. As a sequel, interlocutory applications pending, if any, shall also stand closed. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// S OFFICER 1. The Principal Judge for C.B.I Cases, Visakhapatnam, Visakhapatna District, (with records if any) 2. The Special Judge for ACB cases - cum - III Additional District Court, Visakhapatnam, Visakhapatnam District. 3. The Deputy Superintendent of Police, NIA, Madhapur, Hyderabad. 4. One CC to Sri. Srinivasulu P., Advocate [OPUC] 5. Two CCs to Sri. Pasala Ponna Rao, Deputy Solicitor General of India [OUT] 6. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi. 7. Three CD Copies To, m Stu sree I HIGH COURT DATED;20/01/2025 JUDGMENT CRLA.No.778 of 2024 ^ •* g 12 FEB 2025 O' Co . Curreiii oecuon , ALLOWING THE CRIMINAL APPEAL