Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
CRIMINAL REVISION CASE NO: 518/2025
Order: This Criminal Revision Case has been filed against the order, dated 01.04.2025, passed in Crl.M.P.No.238 of 2025 on the file of the learned I Additional District and Sessions Judge-cum-Special Judge for Trial of Offences under the Narcotic Drugs and Psychotropic Substances Act, 1985, Visakhapatnam to the extent of imposing conditions directing the petitioner herein to execute a bond for Rs.13,50,000/- and also furnish bank guarantee for an amount of Rs.13,50,000/- for release of vehicle i.e., Kia Seltos Car bearing No.OD- 19-U-7595 towards interim custody.
2. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for the State. Perused the material on record.
3. The petitioner herein is not arrayed as accused and he is a owner of the subject vehicle, which was seized in Crime No.57 of 2025 of Gajuwaka Police Station, Visakhapatnam City. Thereafter, the petitioner, who is claiming to be the owner of the said vehicle, filed a petition in Crl.M.P.No.238 of 2025 before the learned Special Judge seeking interim custody of the said vehicle. The learned Special Judge, by an
order dated 01.04.2025, allowed the said petition on the following conditions.
“In the result, the petition is allowed. The petitioner shall execute a bond for Rs.13,50,000/-
2
(Rupees Thirteen lakhs and fifty thousand only) with one surety for like sum to the satisfaction of III Additional Chief Judicial Magistrate, Gajuwaka. The petitioner shall furnish bank guarantee for Rs.13,50,000/- (Rupees Thirteen lakhs and fifty thousand only). The petitioner shall produce the vehicle before this Court as and when he is directed during the trial and also during confiscation proceedings, if any, such proceedings are initiated. The petitioner shall not alienate the vehicle or change its nature and character or physical features during the pendency of the case. The vehicle shall not be used for the commission of any offence. The Investigating Officer shall take the photographs of the vehicle from all angles for the purpose of future identification of the vehicle. The petitioner is hereby further directed to produce the vehicle whenever the complainant required the same for the purpose of conducting inventory, in case, the petitioner failed to produce the vehicle before the complainant, this order shall stands cancelled.”
4. Aggrieved by the conditions imposed by the learned Special Judge to the extent of directing the petitioner herein to execute a bond for Rs.13,50,000/- (Rupees Thirteen lakhs and fifty thousand only) with one surety for a like sum and to furnish a bank guarantee for an amount of Rs.13,50,000/- (Rupees Thirteen lakhs and fifty thousand only), the present Criminal Revision Case is filed.
5.
Learned counsel appearing on behalf of the petitioner submits that the learned Special Judge, erred in directing the petitioner to execute a
3
bond for Rs.13,50,000/- (Rupees Thirteen lakhs and fifty thousand only) and furnish bank guarantee of Rs.13,50,000/- (Rupees Thirteen lakhs and fifty thousand only), which is onerous, and hence, he prayed to modify the conditions imposed by the learned Special Judge.
6. In view of the aforesaid facts and circumstances of the case, the second condition imposed by the learned Special Judge in the order, dated 01.04.2025, passed in Crl.M.P.No.238 of 2025, to the extent of directing the petitioner herein to furnish bank guarantee for an amount of Rs.13,50,000/- (Rupees Thirteen lakhs and fifty thousand only) is hereby set aside. The rest of the conditions imposed by the learned Special Judge shall remain unaltered.
7. With the above said modification, the Criminal Revision Case is
disposed of.
As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Revision Case shall stand closed.
__________________________________ JUSTICE T.MALLIKARJUNA RAO 28.04.2025 S D P
4
THE HON’BLE SRI JUSTICE T.MALLIKARJUNA RAO
CRIMINAL REVISION CASE No.518 of 2025 Dated: 08.05.2025
S D P