IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6078 OF 2025 Between: Pedapudi Apparao, S/o.P.Nookaraju, aged about 43 years, R/o.Kovvuru Post, Rolugunta Village, Rolugunta Mandal, Anakapalli District, A.P. ...Petitioner/Owner AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. 2. M.Sivarao, S/o.Baburao, aged about 32 years, R/o.Educhavallu Village, Palamamidi Panchayat, G.Madugula Mandal, Alluri District, A.P. Sitharama Raju ...Respondents Petition filed under Section 482 of Cr.P.C and Section 528 of BNSS 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 Metropolitan Sessions Judge-cum-l Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, in Cr.No.30 of 2024 dated Visakhapatnam in Crl.M.P.No.273 of 2025 25.04.2025 by considering the situation of petitioner shall execute the Petitioner/Owner as “’’the a bond for Rs. 10,000/- (Rupees Ten Thousand only) to the satisfaction of the Hon'ble’ Metropolitan Sessions Judge-cum-l Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam" instead of “the Petitioner to bond for Rs.1,00,000/- with execute a one surety for like sum to the satisfaction of the Hon'ble' Judicial Magistrate of First Class, Chinthapalli and shall furnish and permit the Petitioner/Owner 000/- without any bank guarantee. bank guarantee of Rs.1,00,000/- deposit the surety amount of Rs.10 to This Petition coming on for hearing, upon perusing the Memorandum Of Grounds of Criminal Petition and upon hearing the arguments of Sri the Additional Gollapalli Maheswara Rao Public Prosecutor on behalf of Respondent No.1. Advocate for Petitioner and The Court made the following order: APHC010292082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 [3457] FRIDAY ,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6078/2025 Between: Pedapudi Apparao, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant{S): 1. PUBLIC PROSECUTOR 2 The Court made the following Order: Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State 2. Learned counsel for the petitioner submits that the petitioner has filed Crl.M.P.No.273 of 2025 before the I Additional District and Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, seeking interim custody of the vehicle, namely. Auto Rickshaw bearing No. AP 31 TN 1649. It is submitted that the said vehicle was seized in Crime No.30 of 2024, which was registered for offences under the NDPS Act. The learned Sessions Judge has allowed the petition filed by the petitioner; however, imposed an onerous condition of furnishing of Bank Guarantee of Rs.1,00,000/-. That apart, the petitioner executing a bond for Rs. 1,00,000/- with one surety for like sum to the satisfaction of Court of Judicial Magistrate of First Class, Chinthapalli. Learned counsel for the petitioner is seeking modification of the order insofar as the furnishing of Bank Guarantee is concerned. Considering the submissions, the vehicle i.e.. Auto Rickshaw bearing No. AP 31 TN 1649, shall be released to the petitioner on his furnishing a bond of Rs.1,00,000/- with one surety for a like sum to the satisfaction of the Judicial Magistrate of First Class, Chinthapalli, and the other conditions remains unchanged, while setting aside the condition furnishing of bank guarantee. Accordingly,the Criminal Petition is allowed. 3. 4. 5. 3 As a sequel, pending miscellaneous petitions, if any, shall stand Sd/- K.KASIRAO ACHARI ASSISTANT REGISTRAR 6. closed //TRUE COPY// SECTION OFFICER To, Metropolitan Sessions Judge-cum-l Additional District & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, Visakhapatnam District, of First Class, Chinthapalli, Visakhapatnam 1. The 2. The Judicial Magistrate District. 3. The Station House Police Station, Annavaram Officer Visakhapatnam District. 4. One CC to Sri Gollapalli Maheswara Rao, Advocate [OPUC] High Court of Andhra Pradesh at 5. Two CC's to the Public Prosecutor, Amaravati [OUT] 6. Two CD Copies BSV RAM HIGH COURT DATED:20/06/2025 ORDER CRLP.No.6078 of 2025 ALLOWING THE CRIMINAL PETITION