Extracted from the PDF above. The PDF is authoritative.
APHC010310062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6564 OF 2025 Between: S Nayaz Basha, S/o. S Peeran Sab, Aged about 38 years, R/o. D.No. 21-9-277, NTR Colony, S.Sadlapalli Hindupur, Sri Sathya Sai District. ...Petitioner AND The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of AP at Amaravathi. Through the Station House Officer, Rapthadu Police Station, Anantapur District. ...Respondent Petition filed under Section 528 of BNSS R/W 457 of Cr.P.C and 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 direct the respondents to release the Ashok Leyland Mini Lorry No. AP39 VB 9828 in connection to Crime No. 71/2025 dated 06.05.2025 was registered by the SHO, Rapthadu Police Station, Anantapur District. Counsel for the Petitioner: SRI P SRAVAN KUMAR REDDY, Advocate Counsel for the Respondent: The Public Prosecutor, High Court of A.P The Court made the following order:
1 HNJ it Crl.P.IMo.6564 2025 ‘ APHC010310062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS [3457] TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE i i ■■■ PRESENT THE HONOURABLE SRUUSTICE HARINATH.N CRIMINAL PETITION NO: 6564/2025 Between: S Nayaz Basha ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1.P SRAVAN KUMAR REDDY Counsel for the Respondent/complainant:
1.PUBLIC PROSECUTOR
2 HN, J % Crl.P.No.6564 2025 * The Court made the following Order:
1. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The petitioner is seeking a direction to release the vehicle, i.e., Ashok Leyland Mini Lorry No. AP 39 VB 9828 in connection to Crime No.71 of 2025of Rapthadu Police Station, Anantapur District registered for the offence under Section 7(1) of the Essential Commodities Act, 1955. 3. The learned counsel for the petitioners submitted that the petitioner is the registered owner of the subject vehicle and that if the vehicle is exposed to sun and air, it gets damaged. It is further submitted that the petitioner is ready to abide by the conditions that may be imposed by this Court, if the vehicle is ordered for interim custody.
He placed reliance on the decision of the Hon’ble Supreme Court of India in Sunderbhai Ambalal Desai v. State of Gujarat\ The learned Public Prosecutor nor opposed for the interim custody of the vehicle to the petitioner. 4. 5. Having regard to the submissions made by the learned counsel for the petitioner and
facts and circumstances of the case, the Criminal Petition is disposed off and the vehicle i.e., Ashok Leyland Mini Lorry No. AP 39 VB 9828seized in Crime No.71 of 2025of Rapthadu Police Station, Anantapur District, shall be released for the interim custody of the petitioner herein, subject to final orders, that may be parsed at the AIR 2003 SC 638
3 HN,J Crl.P.No.6564_2025 time of disposal of the main case, on execution of a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for a like sum each to the satisfaction of the Jurisdictional Magistrate concerned. It is further directed that the petitioner shall not alienate the vehicle, shall not change its physical features or create any encumbrance or change on the same. He shall produce the vehicle whenever he is directed to do so by the trial Court. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
Sd/- A VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTTON OFFICER
1. The Station House Officer, Rapthadu Police Station, Anantapur District.
2. One CC to Sri P Sravan Kumar Reddy, Advocate [OPUC]
3. Two CC’s to the Public Prosecutor, High Court of A.P.[OUT]
4. Three CD Copies To, GPC sree
HIGH COURT DATED: 01/07/2025
ORDER CRLP NO. 6564 OF 2025 DISPOSING OF THIS CRIMINAL PETITION