APHC010365402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18626/2025 Between: 1. M/S. DRU GOLD FINANCE PVT. LTD,, JAGADAMBHA CENTRE, VISAKHAPATNAM HAVING ITS REGD. OFFICE AT 8-2 86 26/2, FLOOR, SRI KRISHNA HOUSE, ROAD NO. 10, BANJARA HILLS, HYDERABAD, TELANGANA. REP BY ITS AUTHORISED REPRESENTATIVE MS. SHIVA KUMARI V 2. MS. SHIVA KUMARI V,, C/O. G NARENDRA KUMAR, AGE 44 YEARS, AUTHORISED REPRESENTATIVE OF M/S. DRU GOLD PVT. LTD, R/O.D.NO. 11-11-117, FLAT NO.402, JUBLIE HOMES APT., INDIRA NAGAR, KOTHAPET, SAROORNAGAR, TELANGANA-500035 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELGAPUDI, AMRAVATI, ANDHRA PRADESH. 2. THE STATION HOUSE OFFICER, DWARAKA POLICE STATION, VISAKHAPATNAM CITY 3. THE INSPECTOR OF POLICE, INVESTIGATION OFFICER, DWARAKA SUB-DIVISION CRIMES, VISAKHAPATNAM CITY ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ or Writs, Order or orders or directions, more particularly in the nature of Writ of Mandamus declaring the Notice dated 16.05.2025 issued by the Respondent No.3 in directing the Petitioner No.l to handover the gold which was purchased from the Accused No.2 i.e., Mr. T.Balaraju in F.I.R.No.33 of 2025, dt.20.12.2024 on the file of Dwaraka Police Station, Vishakhapatnam City is arbitrary, illegal, without jurisdiction and contrary to the provisions of the Bharatiya Nyaya Sanhita, 2023 and violative of Articles 14, 19(1) (g), 21 and 300-A of the Constitution of India and consequently set aside the Notice dated 16.05.2025 issued by the Respondent No.3 and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the operation of the Letter dated 15.02.2025 issued by the Respondent No.3 and pass 2 IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct Respondent No.3 not to take any coercive steps against Petitioner No.l and its executives/employees for recovery of gold and pass Counsel for the Petitioner(S): 1. K SANDHYA REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ or Writs Order or orders or directions more particularly in the nature of Writ of Mandamus declaring the Notice dated 16.05.2025 issued by the Respondent No.3 in directing the Petitioner No.l to handover the gold which was purchased from the Accused No 2 i e Mr T Balaraju in F I R No.33 of 2025 dt.20.12.2024 on the file of Dwaraka Police Station Vishakhapatnam City is arbitrary illegal without jurisdiction and contrary to the provisions of the Bharatiya Nyaya Sanhita 2023 and violative of Articles 14 191 g 21 and 300A of the Constitution of India and consequently set aside the Notice dated 16.05.2025 issued by the Respondent No.3” 2. Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioners would submit that it is a case where the petitioners purchased the gold from A2 in Crime No.33 of 2025 of Dwaraka Police Station, Visakhapatnam. 4. Learned Assistant Government Pleader for Home would submit that a batch of writ petitions were dismissed by the Telangana High Court, stating that the police can issue such notices to purchasers who bought the gold involved in the crime. 3 5. Learned counsel for the petitioners would submit that the main grievance of the petitioners is that, although they produced the gold before the police in compliance with the summons received, the police did not follow the procedure to produce it before the Court. Learned counsel would further submit that the Court may pass appropriate orders by giving necessary directions to the police in this regard. 6. Considering the submissions made, the writ petition is disposed of. However, the police are directed to follow the procedure in accordance with law. The petitioners herein are directed to comply with the notice received from the police. Upon submission of the gold before the police, the police are directed to receive the same in the presence of mediators under a panchanama and then produce it before the Court forthwith. The learned Magistrate may take an appropriate decision over the matter, in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:29.07.2025 ASR 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.18626 of 2025 Dt.29.07.2025 Asr