APHC010349452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7237 OF 2025 Between: Jami Ganesh, S/o Narayana, Aged 40 yrs ,M S.Palli Village Kanchili Mandal ,Siikakulam District. ...Petitioner/Accused AND The State of Andhrra Pradesh, Through the S.H.O. Srikakulam Rep., by its Public Prosecutor. High Court at Amaravathi. ...Respondent/Complaints of Kanchili P.S. Petition under Section ( 528 of BNSS,2023) r/w 503 of BNSS,2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased Kanchilli P.S. to direct the S.H.O., of Srikakulam to Release the Seized Vehicle i.e., Honda WRV Car bearing Reg., No. AP 39 KR 2434 relates to the petitioner A1 presently kept in Kanchili P.S,Srikakulam as seized in F.I.R.No.68/2025 dt.27-05-2025 by allowing the Criminal Petition. ^ lA NO: 2 OF 2Q2R Petition under Section 528 of BNSS,2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition High Court may be pleased to direct the S.H.O., the of Kanchili P.S., Srikakulam to release the seized Vehicle Honda WRV Car bearing Reg., No. AP 39 KR 2434 presently kept in Kanchilli P.S.,Srikakulam on furnishing solvent surety. Counsel for the Petitioner: SRI R SIVA SAI SWARUP Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following order: 1 APHC010349452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7237/2025 Between: 1.JAMI GANESH, S/0 NARAYANA, AGED 40 YRS .M.S.PALLI VILLAGE KANCHILI MANDAL ,SIIKAKULAM DISTRICT. ...PETITIONER/ACCUSED AND 1 .THE STATE OF ANDHRRA PRADESH, Through the S.H.O., of Kanchili Srikakulam Rep., by its Public Prosecutor. High Court P.S., at Amaravathi. ...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 Pleased to direct the S H O P.S. , of Kanchilli Srikakulam to Release the Seized Vehicle i.e., Honda WRV Car bearing Reg., No. AP 39 KR 2434 relates to the petitioner presently kept in Kanchili P.S,Srikakulam as seized in F.I.R.No.68/2025 dt.27-05-2025 by Allowing the Criminal Petition in the interest of the justice, and other order or orders. pass such lA NO: 1 OF 2025 Petition under Section 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 dispense with certified copy of FIR Stems’ 2 NO.68/2025, dated 27-05-2025 before this Hon'ble Court jA NO: 2 OF 9091; on the file of kaNCHILLI PS and pass such other order SRIKAKULAM or orders. Petition under Section 482 circumstances stated in High Court the MemorandumTfr® 'h® may be pleased to direct the S H present, rrrr:: “r“ ^ the to release the 2434 Srikakulam AP 39 KR ■ .u surety •n the interest of the justice, Counsel for the Petifioner/accused: 1R SIVA SAI SWARUP Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: OR^; This Criminal Petition, filed by the petitioner herein vehicle i. Crime No.68 Srikakulam District, ofA.P. Excise Act. 2- Heard Sri R.Siva Sai Ms.K.Priyanka Lakshmi, respondent-state. under Section 528 r/w 503 of B.N.S.S., has been seeking to direct the respondent to release the e.. Honda WRV Car bearing of 2025 dated 27.05.2025 No.AP 39 KR 2434 iin connection to before Kachili Police punishable under Section Station registered for the offence 34(A) Swarup, learned learned Assistant Public counsel for the petitioner and Prosecutor on behalf of the 3 ✓ Learned counsel for the petitioner would submit that the petitioner is the 3. registered owner of the subject vehicle and that if the vehicle is exposed to sun and air, it gets damaged. It is his further submission 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 1 Gunjarat Learned Assistant Public Prosecutor opposed the petition stating that 4. investigation is pending. The offence alleged is punishable under Section 34(A) of A.P. Excise 5. Act. Truth or otherwise of the allegations has to be decided during the caurse of investigation and trial. Admittedly, the petitioner is the owner of the subject vehicle. If the vehicle is exposed to sun or air and keeping in Police Station or Court premises, unused, there is every possibility of the same getting damaged. Therefore, in the interest of justice, the vehicle can be ordered to be / / given for interim custody of the petitioner, however, by imposing certain conditions. In the result, the Criminaf Petition is allowed. The subject vehicle i.e. 6. Honda WRV Car bearing No.AP 39 KR 2434 in connection to Crime No.68 of 2025 dated 27.05.2025 before Kachili Police Station, Srikakulam District, is AIR 2003 SC 638 4 ordered to be given to the interim custody of the petitioner on the following conditions: (a) on his producing the Original R.C., and executing a self bond for the value of the subject vehicle to be assessed by the Motor Vehicle Inspector, with two sureties for the like sum each, to the satisfaction of the jurisdictional Magistrate concerned; (b) on his executing an undertaking that he would not alienate the said vehicle or transfer its ownership or change any physical features of the vehicle: and (c) on his executing an undertaking that he would produce the vehicle as and when directed by the trial Court till the case is disposed of, in the trial Court. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR 1^ 'S& //TRUE COPY// SECTION OFFICER To, 1.The SHC, Kanchilli P.S, Srikakulam District. 2. One CC to SRI. R. SIVA SAI SWARUP, Advocate [OPUC] 3.TWO CCs to THE PUBLIC PROSECUTOR, High Court of Andhra Pradesh at Amaravati, [OUT] 4. Two CD Copies NM high court \ DATED: 14/07/2025 ORDER CRLP NO. 7237 OF 2025 ^ 3IJUL 2025 ntSectioiL AlX Cr^ V tVV disposing of the crl.petition