APHC010321182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 6624 OF 2025 Between: 1. TIRUMALADASU AVINASH, S/O. T. KRISHNA MOHAN, AGED ABOUT 30 YEARS. RECOVERY EXECUTIVE EMPLOYEE, ID RB0310, M/S. ROYALBISON AUTORENTALS INDIA PRIVATE LIMITED F. NO.F2, ADITYA NAGAR, ADITYA ENCLAVE, DESAPATRUNIPALEM, PARAWADA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, A.P. 2. M/S. ROYALBISON AUTORENTALS INDIA PRIVATE LIMITED, 5601/1, BHOOMI PLAZA, 4TH CROSS, INDIRA NAGAR, 1ST STAGE, CMH ROAD, NEXT TO INDIRA NAGAR METRO STATION, BENGALURU, KARNATAKA STATE. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh ...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 Court may be pleased to modify the order passed by the Hon’ble Metropolitan Sessions Judge-cum-l Addl. District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam in CrI.M.P. No.494/2024 in Cr. No. 61/2023 dated 03.10.2024 by considering the situation of the Petitioner/Owner as “the petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the Hon’ble Metropolitan Sessions Judge-cum-l Addl. District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam” instead of “the Petitioner to execute a bond for Rs.50,000/- with one surety for like sum to the satisfaction of the Hon’ble Addl. Judicial Magistrate of First Class, Chodavaram and shall furnish bank guarantee 2 of Rs.50,000/- and permit the Petitioner/Owner to deposit the surety amount of Rs.10,000/- without any bank guarantee Counsel for the Petitioner/accused(S): 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition has been filed against the order dated 03.10.2024, passed in Crl.M.P.No.494/2024 on the file of the learned Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge-Special Judge for Trial of Offences under the Narcotic Drugs and Psychotropic Substances Act, Visakhapatnam to the extent of imposing conditions directing the petitioner herein to execute a bond for Rs.50,000/- (Rupees fifty thousand only) with one surety for like sum and also furnish bank guarantee for an amount of Rs.50,000/- for release of vehicle i.e., Activa 6G motorcycle bearing registration No. AP 39 UD 7924 towards interim custody. 2. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for the State. Perused the material on record. 3. Learned counsel for the petitioner submits that the petitioner is not accused and he is no way concerned with the crime. It is submitted that petitioner has a firm engaged in renting out the vehicles and the vehicle was rented out to the petitioner and the petitioner is completely unaware 3 of transportation of said ganja in his vehicle. Thereafter, the petitioner, who is claiming the said vehicle, filed a petition in Crl.M.P.No.494/2024 before the learned I Additional District and Sessions Judge-cum-Special Judge for Trial of Offences under the Narcotic Drugs and Psychotropic Substances Act, Visakhapatnam seeking interim custody of the said vehicle. The learned Special Judge, by an order dated 03.10.2024, allowed the said petition on the following conditions. “In the result, petition is allowed and the petitioner shall execute a bond for Rs.50,000/- with one surety for like sum to the satisfaction of the Court of Additional Judicial Magistrate of First Class, Chodavaram. The petitioner shall furnish bank guarantee for Rs. 50,000/-. 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 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 I Additional District and Sessions Judge-cum-Special Judge for Trial of Offences under the Narcotic Drugs and Psychotropic Substances Act, Visakhapatnam, to the extent of directing the petitioner herein to execute 4 a bond for Rs.50,000/- with one surety for a like sum and to furnish a bank guarantee for an amount of Rs.50,000/-, the present Criminal Petition is filed. 5. Learned counsel for the petitioner submits that the petitioner belongs to a poor family and his income is meager. He submits that the learned I Additional District and Sessions Judge-cum-Special Judge for Trial of Offences under the Narcotic Drugs and Psychotropic Substances Act, Visakhapatnam, erred in directing the petitioner to execute a bond for Rs.50,000/- and furnish bank guarantee of Rs.50,000/-, which is onerous, and hence, he prayed to modify the said condition. 6. Considering the difficulties pointed out by the learned counsel for the petitioner, the petitioner herein shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with one surety for like sum to the satisfaction of the learned Additional Judicial Magistrate of First Class, Chodavaram. The second condition imposed by the learned I Additional District and Sessions Judge-cum-Special Judge for Trial of Offences under the Narcotic Drugs and Psychotropic Substances Act, Visakhapatnam in the order dated 03.10.2024 passed in Crl.M.P.No.494/2024 to the extent of directing the petitioner herein to furnish bank guarantee for an amount of Rs.50,000/- (Rupees fifty thousand only) is hereby set aside. The rest of the conditions imposed by the learned I Additional District and Sessions Judge-cum-Special 5 Judge for Trial of Offences under the Narcotic Drugs and Psychotropic Substances Act, Visakhapatnam shall remain unaltered. 7. With the above said modifications, the Criminal Petition is disposed of. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. __________________________________ JUSTICE T.MALLIKARJUNA RAO 09.7.2025 TJN 6 107 THE HON’BLE SRI JUSTICE T.MALLIKARJUNA RAO CRIMINAL PETITION No.6624 of 2025 Dated: 09.7.2025 TJN