APHC010369492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7645 OF 2025 Between: Gemmili Srinu, S/o.Thamrnarao, aged 27 years, Occ:Farmer, R/o.OO, Pujariput, Sagara, Dumgriguda, Araku, ASR District-531151. ...Petitioner/Owner of the vehlcle/S'^'^ party AND The State of Andhra Pradesh, rep., by its Public Prosecutor, Through High Court of Andhra Pradesh, Amaravathi. ...Respondent Petition filed under Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to relax the condition imposed in the interim order dated 04.12.2024 in Crl.M.P.No.855 of 2024 in Crime.No.421 of 2023 on the file of the Special Judge for Trial of Cases under NDPS Act-cum- I Additional District & Sessions Judge Court; at Visakhapatnam to the extent impugned condition requiring the furnishing of a Bank Guarantee for Rs.1,00,000/- imposed and be further pleased to direct release of the vehicle on furnishing lesser security or bond. -9 •? Counsel for the Petitioner: Sri Shask Mohammed Ismail Counsel for the Respondent: Ms.K.Priyanka Lakshmi, Assistant Public Prosecutor The Court made the following Order: ■ 1 APHC010369492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7645/2025 Between: 1.GEMMILLI SRINU, S/O.THAMMARAO, AGED 27YEARS, OCC FARMER, R/0. 00, PUJARIPUT, SAGARA, DUMGRIGUDA,ARAKU, ASR DISTRIET-531151. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, rep., by its Public Prosecutor, Through High Court Andhra Pradesh, Amaravathi ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.SHAIK MOHAMMED ISMAIL Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7645/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Owner of the vehicle, seeking to relax the condition imposed in the interim order dated 04.12.2024 in Crl.M.P.No.855 of 2024 in Crime No.421 of 2023 on the file of Special Judge for Trial of Cases under NDPS Act-cum-l Additional District & Sessions Judge Court, Visakhapatnam to the extent of the impugned condition requiring the furnishing of a Bank Guarantee for Rs.1,00,000/- imposed. Heard Sri Shaik Mohammed Ismail, learned counsel for the 2. Petitioner/Owner of the vehicle and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. The learned counsel for the petitioner submits that the petitioner is 3. aggrieved by the order, dated 08.04.2025, in Crl.M.P.No.855 of 2024, passed by the I Additional District and Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, whereby the learned Sessions Judge directed the release of the vehicle Bajaj Pulsar 220 DTS-I bearing registration No.AP 40 AV 8724, subject to the petitioner executing a personal bond of Rs.1,00,000/- with one surety for a like sum, to the satisfaction of XI 3 Additional Metropolitan Magistrate, Anakapalli. The petitioner was further directed to furnish a bank guarantee for a sum of Rs,1,00,000/-. The learned counsel for the petitioner submits that the condition imposed by the learned Sessions Judge with respect to the bank guarantee is 4. onerous. Learned Assistant Public Prosecutor would submit that the Court may 5. pass appropriate orders. Considering the submissions, the order stands modified to the extent that the petitioner shall furnish only a personal bond of Rs.1,00,000/- with one surety for a like sum to the satisfaction of the XI Additional Metropolitan Magistrate, Anakapalli and the other conditions remains unchanged, while setting aside the condition requiring a bank guarantee. 6. With these observations, the Criminal Petition is disposed of. 7. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/-B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECT OFFICER To, 1. The I Additional District & Sessions Judge-cum-Special Judge for Trial of offences under NDPS Act, Visakhapatnam, Visakhapatnam District. 2. The Xt Additional Metropolitan Magistrate, Anakapalle, Visakhapatnam District. 3. The Station House Officer, Anakapalle Town Police Station Visakhapatnam District. % 4. One CC to Sri Shaik Mohammed Ismail, Advocate [OPUC] 5. Two CCs to the Public Prosecutor, High Court of AP at Amaravati [OUT] 6. Two CD Copies BSV vna HIGH COURT DATED:25/07/2025 § Ot AUG 2075 q ^ . Current Section . ORDER CRLP NO. 7645 OF 2025 DISPOSING OF THE CRIMINAL PETITION