V APHC010317722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI •cflpfiL' MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6555 OF 2025 Between: Kalaiamudhan R, S/o.Ramachandran, aged about 26 years, R/o.H.No. 1-53, Pillaaivayai, Melapattu, Aranthangi, Pudukottai, Tamilnadu State- 614616. ...Petitioner/Accused No.2 AND The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of A.P. at Amaravati. ...Respondent Petition filed under Section 528 read with Section 503 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct release the seized Mahindra Scorpio Vehicle bearing Registration No.TN55CY4879 in favour of the petitioner in connection with Crime No. 155 of 2024 on the file of Mangalagiri SEB Police Station, Guntur SEB District, dated 09.08.2024. Counsel for the Petitioner: Sri Nagendra Babu Paragati Counsel for the Respondent: Assistant Public Prosecutor The Court made the following: APHC010317722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6555/2025 Between: 1.KALAIAMUDHAN R, S O. RAMACHANDRAN, AGED ABOUT 26 YEARS RESIDENT OF H.NO. 1-53 PILLAAIVAYAI, MELAPATTU, ARANTHANGI, PUDUKOTTAI, TAMILNADU STATE 614616 ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Public Prosecutor, High Court of A.P. At Amaravati ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to direct release the seized Mahindra Scorpio Vehicle bearing Registration No. TN55CY4879 in favour of the Petitioner in connection with Crime No. 155/2024 on the file of Mangalagiri SEB Police Station, Guntur SEB District, dated 09.08.2024 and pass such 2 lA NO: 1 OF 2n?f> Petition under Section 482 of Cr.P.C and 528 of BNSS praying t at in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to direct to dispense with the filing of the certified copy of FIR No. 1552024 on the filed on the Mangalagiri SEB PS Guntur SEB District and order passed in CrI.M.P.No. 23 of 2025 on the file of Special Judge Constituted Under Narcotic Drugs and Psychotropic Substances Act - cum - I Additional District and Sessions Judge Guntur, dated 20-06-2025 and pass such Counsel for the Petitioner/accused: 1.NAGENDRA BABU PARAGATI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR u- The Court made the following order: The petitioner aggrieved by the order passed in Crl.M.P.No. 23 of 2025 in Crime No.155 of 2025 on the file of SEB Police Station, Mangalagiri, Guntur District, filed the present Criminal Petition. 2. The petitioner is arraigned accused No.2 for alleged offence under sections 8C read with 20 (b)(ll)(C) of the Narcotic Drugs And Psychotropic Substances Act, 1985 (for brevity ‘NDPS Act). The Police, during the vehicle checking, found 230.565 Kgs of Dry Ganja, which was transported in 2 different cars. On 9.08.2022, the Police arrested the petitioner and also seized the vehicle bearing No.TN 55 CY 4879 belonging to the petitioner. Thereafter, the petitioner filed a petition vide Crl.M.P.No.23 of 2025, seeking interim custody of the vehicle. However, the said petition was dismissed by the Additional District and Sessions Judge, Guntur, on the ground that the vehicle is liable for confiscation under Section 60 of the NDPS Act and that the petitioners would re-use the car for transportation of banned substances. 3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for the State. 4. Learned counsel for the petitioner submitted that has been exposed to the harsh weather conditions, lying idle since August 2024 and that the value depreciate and it is further left unattended would rusted and completely useless. the vehicle and has been of the vehicle will ultimately become 5. Considering the submissions of learned petitioner, the vehicle bearing No. TN 55 CY 4879 No. 155 of 2024 of Mangalagiri SEB Police Station, released for the interim custody of the petitioner herein counsel for the seized in Crime Guntur, shall be subject to final orders, that may be passed at the time of disposal of the main case, on execution of a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for a like sum each to the satisfaction of the Jurisdictional Magistrate concerned, directed that the petitioner shall not alienate the vehicle and change its physical features It is further shall not or create any encumbrance or charge on the same. The petitioner shall produce the vehicle whenever he is directed to do so by the trial court 5 6. Accordingly, the Criminal Petition is allowed. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- N NAGAMMA ASSISTATNT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Special Judge Constituted under NDPS Act-cum-l Additional District and Sessions Judge, Guntur, Guntur District. 2. The Station House Officer, Mangalagiri SEB Police Station, Guntur District. 3. One CC to Sri Nagendra Babu Paragati, Advocate [OPUC] 4. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. Two CD Copies BSV sree HIGH COURT DATED:30/06/2025 ORDER CRLP NO. 6555 OF 2025 ALLOWING THE CRIMINAL PETITION