APHC010394162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8020/2025 Between: 1. ATTAR RAFIULLA, S/O JABBAR, AGED ABOUT 42 YEARS, OCC MDU OPERATOR, RESIDENT OF RAJA STREET, KALAKADA TOWN, KALAKADA MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. THE SUB DIVISIONAL FOREST OFFICER, MADANAPALLI, ANNAMAYYA DISTRICT. 3. THE INSPECTOR OF POLICE, RSASTF (RED SANDERS ANTI SMUGGLING TASK FORCE) POLICE STATION, TIRUPATI, TIRUPATI DISTRICT. 4. THE AUTHORISED OFFICER, CUM- DISTRICT FOREST OFFICER, RAJAMPET, ANNAMAYYA DISTRICT. ...RESPONDENT/COMPLAINANT(S): 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 4th respondent to grant interim custody of the vehicle Maruthi Ciaz Car bearing Registration No. AP02 BR 6467 to the petitioner seized in respect of Crime No.76 of 2024 on the file of Red Sanders Anti Smuggling Task Force (RSASTF), Police Station, 2 Tirupati, Tirupati District, pending disposal of the Criminal petition before this Honourable court and pass Counsel for the Petitioner/accused: 1. VUTUPALLI RAJANNA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8020/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of BNSS, has been filed by the Petitioner, seeking to release the Maruthi Ciaz Car bearing No.AP-02-BR-6467 which was seized on 24.09.2024 in connection to Crime No. 76 of 2024 on the file of Tirupati Police Station, Tirupati District. 2. Heard Sri Vutupalli Rajanna, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. It is submitted by the learned counsel for the Petitioner and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the Order passed by a Coordinate Bench of this Court vide Criminal Petition No.5470 of 2023, dated 05.09.2023. 4. Considering the submissions made, following the said Order passed by a Coordinate Bench of this Court in Criminal Petition No.5470 of 2023, dated 05.09.2023 and taking into consideration of the facts and circumstances of the case, this Court is inclined to allow the present petition. 5. In the result, Criminal Petition is allowed. The subject vehicle the Maruthi Ciaz Car bearing No.AP-02-BR-6467 which was seized on 24.09.2024 4 in connection to Crime No. 76 of 2024, is ordered to be given to the Petitioner for interim custody- (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. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 23.09.2025 SNI 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8020/2025 Dated.23.09.2025 SNI 66