T ' THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SEVENTH DAY OF MAY > TWO THOUSAND AND TWENTY FIVE ^ ih / PRESENT HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION No.4778 of 2025 IN Between: Palyala Bhavani, W/o. Nageswara Rao, aged about 48 years, R/o. Sunkara Veedhi, Guntapalli Village, Payakaraopeta Mandal, D.No.3-24, Anakapalli District, A.P. ...Petitioner/3'^'’ Party/Owner AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. 2. Cholamandalam Investment and Finance Co. Ltd., ...Respondents Petition under Section 483(1 )(b) of BNSS (under Section 439(1 )(b) 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 modify the order passed by the Hon'ble Metropolitan Sessions Judge-cum-l Additional District and Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam in CrI.M.P.No.298/2025 in Cr. No. 42/2025 dated 24.04.2025 by considering the situation of the Petitioner/O"'^ Party/Owner as “the petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) to the satisfaction of the Hon'ble Metropolitan Sessions Judge-cum-l Additional District and Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam” instead of “the Petitioner to execute a _ *.11 bond for Rs.5,00,000/- with one surety for like sum to the satisfaction of the Hon'ble Addl. Judicial Magistrate of First Class, Yelamanchili and shall furnish bank guarantee of Rs.5,00,000/- and permit the Petitioner/3 Party/Owner to deposit the surety amount of Rs.50,000/- without any bank guarantee. rd This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Balabhadruni Manohar, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following Order: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4778/2025 Order: This Criminal Petition has been filed against the order, dated 24.04.2025, passed in Crl.M.P.No.298 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.5,00,000/- and also furnish bank guarantee for an amount of Rs.5,00,000/- for release of vehicle i.e., Maruthi Suzuki Dzire Car bearing No.AP39RU2651 towards interim custody. Heard learned counsel for the petitioner and the learned Assistant 2. Public Prosecutor for the State. Perused the material on record. 3. The petitioner herein is owner of the subject vehicle, which was seized in Crime No.42 of 2025 of Payakaraopeta Police Station. Thereafter, the petitioner, who is claiming to be the owner of the said vehicle, filed a petition in Crl.M.P.No.298 of 2025 before the learned Special Judge seeking interim custody of the said vehicle. The learned 2 Special Judge, by an order dated 24.04.2025, allowed the said petition on the following conditions. “In the result, the petition is allowed. The petitioner shall execute a bond for Rs.5,00,000/- (Rupees Five lakhs only) with one surety for like sum to the satisfaction of the Court of Additional Judicial Magistrate of First Class, Yellamanchili. The petitioner shall furnish bank guarantee for Rs.5,00,000/- (Rupees Five lakhs only). 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” 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.5,00,000/- with one surety for a like sum and to furnish a bank guarantee for an amount of Rs.5,00,000/-, the present Criminal Petition is filed. Learned counsel appearing on behalf of the petitioner submits that the learned Special Judge, erred in directing the petitioner to execute a bond for Rs.5,00,000/- and furnish bank guarantee of Rs.5,00,000/-, which is onerous, and hence, he prayed to modify the conditions imposed by the learned Special Judge. 5. mr-. / , 3 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 24.04.2025, passed in CrI.MP No.298 of 2025, to the extent of directing the petitioner herein to furnish bank guarantee for an amount of Rs.5,00,000/- 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 Petition is disposed of. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// W SECTION OFFICER 1. The Metropolitan Sessions Judge-cum-l Additional District and Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, Visakhapatnam District. 2. The Station House Officer, Payakaraopeta Police Station Visakhapatnam District. 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi[OUT] 4. One CC to Sri Balabhadruni Manohar, Advocate [OPUC] 5. Three CD Copies To TK vna HIGH COURT DATED;07/05/2025 ORDER CRLP.No.4778 of 2025 yo o I 2 8 MAY 2125 ml; DISPOSING OF THE CRIMINAL PETITION