APHC010320662025 IN THE HIGH COURT OF ANDHRA PR AT AMARAVATI i I. ■ WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 70? OF 2025 Revision filed under Section 438 & 442 of BNSS the court of the Hon’ble Additional Sessions CRL.MP.No. 348 of 2024 dated 03.04.2024 furnishing a surety for Rs. 7,00.000- ( Rupees Seven surety for Rs. 5,00,000/- (Rupees Five Lakhs Only) further condition to furnish Seven Lakh only). Between: Shaik Jani Basha, S/o.Shaik Subhani, Bapanaiah Nagar, Narasaraopeta, Guntur. 2023 revise the order of Judge at Visakhapatnam in and modify the order from Lakhs Only) to furnish a with one surety and the 7,00,000/- (Rupees a bank guarantee worth Rs Age 43 years, R/o.D.No. 12-15-5-52, ...Petitioner/Owner of the seized AND The State of Andhra Pradesh, Through Station House Officer, Nakkapalli Police Station, Rep. by Public Prosecutor, High Court at Amaravati. vehicle/Third Party ...Respondent Counsel for the Petitioner: SRI DUGGIRALA Counsel for the Respondent PUBLIC PROSECUTOR The Court made the following ORDER: SUBASH APHC010320662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ [3327] L' "• L • WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 702/2025 Between; Shaik Jani Basha, ...PETITIONER AND The State Of Andhra Pradesh Counsel for the Petitioner: 1.DUGGIRALA SUBASH Counsel for the Respondent; 1. PUBLIC PROSECUTOR The Court made the following Order: ...RESPONDENT This Criminal Revision Case has been filed against the order, dated 03.12.2024, passed in Cri.M.P.No.348 of 2024 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.7,00,000/- and also furnish bank guarantee for an amount of Rs.7,00,000/- for release of Eicher Motor Goods carriage bearing Registration No.AP 05TX 6939 towards interim custody. on 2 Heard learned counsel for the petitioner and the learned 2. Assistant Public Prosecutor for the respondent/State. The petitioner herein is owner of the subject vehicle 3. which was seized during course of investigation in Crime No.87 of 2023 of Nakkapalli Police Station, registered for the offences punishable under Sections 20(b)(ii){C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). Thereafter, the petitioner, who is claiming to be the owner of the said vehicle, filed a petition in Crl.M.P.No.348 of 2024 before the learned Special Judge seeking interim custody of the said vehicle. The learned Sessions Judge, by an order dated 03.12.2024, allowed the said petition on the following conditions. “In the result, the petition is allowed. The petitioner shall execute a bond for Rs.7 Lakhs with one surety for like sum to the satisfaction of the Court of Additional Judicial Magistrate of First Class, Yelamanchili. The petitioner shall furnish bank guarantee for Rs.7 Lakhs. 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 3 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.” Aggrieved by the conditions imposed by the learned Special Judge to the extent of directing the petitioner herein to execute a bond for Rs.7,00,000/- with one surety for a like sum and to furnish a bank guarantee for an amount of Rs.7,00,000/-, the present Criminal Revision Case is filed. Learned counsel appearing on behalf of the petitioner submits that the condition imposed by the learned Special Judge, directing the petitioner to execute a bond for Rs.7,00,000/- with surety and furnish bank guarantee of Rs.7,00,000/-, is onerous and that the petitioner is not in a position to comply with the said condition and as a result though the order was passed 03.12.2024, granting interim custody of the vehicle, the petitioner is unable to take custody of the same, and hence, he prayed to modify the conditions imposed by the learned Special Judge. 4. 5. one on 4 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 03.12.2024, passed in CrI.MP No.348 of 2024, to the extent of directing the petitioner herein to furnish bank guarantee for an amount of Rs.7,00,000/- is hereby set The rest of the conditions imposed by the learned Special Judge shall remain unaltered. 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. *i f' aside. 7. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// ^ se— SECTION OFFICER To, The 1*' Additional Sessions Judge at Visakhapatnam, - SPI. Judge for NDPS Act, Visakhapatnam (With Records if any) One CC to SRi. DUGGIRALA SUBASH Advocate Two CCs to PUBLIC PROSECUTOR, Amaravati. [OUT] 4. The Section Officer, Criminal Section, 5. Three CD Copies 1. 2. [OPUC] High Court of Andhra Pradesh at 3. High Court of Andhra Pradesh. Chp AL HIGH COURT DATED:02/07/2025 ORDER CRLRC NO. 702 OF 2025 ANDH^ X 11 JUL 20?5 o C9 ^ ^ Current Section . "J? DISPOSING OF THE CRIMINAL REVISION CASE