APHC010374822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI SATURDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 797 OF 2025 Revision case filed under Section 438 & 442 of BNSS., aggrieved by the judgment and sentence passed on 13.03.2025 in CrI.M.P.No. 115 of 2025 on the file of the I Additional District and Sessions Judge-Special Judge for trial of offences under NDPS Act, Visakhapatnam. Between: Madala Kowsalya, D/o. Gollari Madhav, Age 49 yrs, R/o Thuraiguda, Chinalabudu, VisakhapatnamDistrict. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Public Prosecutor at High Court of A.P at Amaravathi through Station House Officer, IV Town Police Station, Visakhapatnam City. 2. Killo Balaram, S/o Gasi, Age 29yrs, R/o. Gangavalasa Village, Guntaseema Panchayati, Dumbriguda Mandal, ASR District. 3. Killo Govind, S/o Gasi, Age 25yrs, R/o Gangavalasa Village, Guntaseema Panchayati, Dumbriguda Mandal, ASR District. 4. The Manager, Mahindra Finance, D.No. 1-56-7, Plot No. 8, 2nd Floor, Sector -1, MVP Colony, Double Road Opposite SBI Visakhapatnam ...Respondents lA NO: 3 OF 2025 r Petition under Section 528 of BNSS, praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to hand over the interim custody of Renault Car bearing Registration No. AP 39 KP 9586 having Engine No.B4DA416E040573 and Chasis No. MEEBBA007M7783825 which was seized by SHO, IV Town Police Station, Visakhapatnam City. Counsel for the Petitioner: Sri J.Ravi Kumar, Advocate Counsel for Respondent No.1: The Public Prosecutor, High Court of A.P. Counsel for other Respondents: Sri Brahmaji Vulise, Advocate The Court made the following order: { 4^ APHC010374822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 797/2025 Between: 1.MADALA KOWSALYA, D/0 GOLLARI MADHAV, AGE 49YRS R/0 THURAIGUDA, CHINALABUDU, VISAKHAPATNAMDISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR AT HIGH COURT OF A.P AT AMARAVATHI THROUGH SHOJVTOWN POLICE STATION, VISAKHAPATNAM CITY. 2.KILLO BALARAM, S/0 GASI, AGE 29YRS R/0 GANGAVALASA VILLAGE, GUNTASEEMA PANCHAYATI, DUMBRIGUDA MANUAL, ASR DISTRICT. 3.KILLO GOVIND, S/0 GASI, AGE 25YRS R/0 GANGAVALASA VILLAGE,GUNTASEEMA PANCHAYATI, DUMBRIGUDA MANUAL, ASR DISTRICT. 4.THE MANAGER, MAHINDRA FINANCE, D.NO. 1-56-7, PLOT NO. 8, 2ND FLOOR, SECTOR -1, MVP COLONY, DOUBLE ROAD OPPOSITE SBI VISAKHAPATNAM ...RESPONDENT(S); Counsel for the Petitioner: 1.J RAVI KUMAR Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 2 2.BRAHMAJI VULISE The Court made the following: ORDER: The Criminal Petition has been filed under Sections 438 Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity the condition imposed by the learned I Additional district cum-Special Judge for Trial of Offences under NDPS and 442 of the the BNSS’), to relax & Sessions Judge- Act, Visakhapatnam in CrI.M.P.No. 115/2025 dated 13.03.2025 in Cr.No. 159/2024 of IV Town Police Station, Visakhapatnam for release of the vehicle the Petitioner shall one surety bank guarantee to the satisfaction of the Additional Chief Judicial Magistrate, Visakhapatnam. pay Rs.4,00.000/- with 2. Learned Counsel for the Petitioner submits that the and as per the insurance certificate the value of the vehicle is old one vehicle was shown at Rs.3,57,962/-, The vehicle is 2021 making Renault Kwid. it does not have the value not more than Rs.4,00,000/- and hence urged to reduce the value of the surety. 3. Heard learned counsel for the petitioner and Public Prosecutor. Perused the record. the learned Assistant 4. In view of the value mentioned in the invoice of insurance and the of making of the vehicle, ex-facie it appears that Rs.4,00,000/ bank guarantee for release of the vehicle the vehicle has been exposed to sunlight year - as surety of is highly disproportionate. Especially rain and dust from the date of its seizure till now. If an amount of Rs. 1,00,000/- is ordered to give two sureties, it would meet the ends of justice. 3 5. In the result, the Criminal Revision Case is disposed of relaxing the condition of impugned judgment dated 13.03.2025 in Crl.M.P.No.115 of 2025 on the file of the learned I Additional district & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, directing the vehicle bearing No.AP 39 KP 9586 be released to the Petitioner executing a bond for Rs.1,00,000/- with two sureties for a like sum to the satisfaction of the learned I Additional Chief Judicial Magistrate, Visakhapatnam, the remaining conditions imposed in the impugned judgement shall hold good. The Petitioner shall furnish Bank Guarantee for Rs.1,00,000/-. 6. The residual conditions as imposed by the learned I Additional district & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam in the original order shall remain in force and be duly complied with by the Petitioner/Accused. 7. Accordingly, the Criminal Revision Case is disposed of. No order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR ;/ SECTION OFFICER //TRUE COPY// To, 1. The I Additional District and Sessions Judge-Special Judge for trial of Visakhapatnam, Visakhapatnam NDPS Act, under offences District.(with records if any) 2. The Station House Officer, IV Town Police Station, Visakhapatnam City. CC to Sri J.Ravi Kumar, Advocate [OPUC] 3. One One CC to Sri Brahmaji Vulise, Advocate [OPUC; Two GO’S to the Public Prosecutor, High Court of Andhra Pradesh [OUT] The Section Officer, Criminal Section, High Court of Andhra Pradesh. Three CD Copies 4. 5. 6. 7. GPC VNA HIGH COURT DATED: 30/08/2025 ORDER g( 12 SEP 2025 urrtntSectioiViO^^ CRLRC NO. 797 OF 2025 rn Co ^5- DISPOSING OF THIS CRIMINAL REVISION CASE