IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 38 OF 2025 Revision filed under Section 397/401 of Cr.P.C. and Under Section 438 & 442 of B.N.S.S praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to allow the Petition filed for release of the Vehicle i.e, Manithi Suzuki Alto VXI plus motor car being registration No. AP 39 RS 3301 towards interim custody in respect of Crime No.294/2023 of IV town P.S, Visakhapatnam, the Petitioner herein begs to present this Memorandum of CrI.R.C. Between: Prasenjit Ghosh, S/o.Pranoy Kumar Ghosh, aged about 45 R/o.Flat No. 102, Valley Vista Apartments, Vivekananda Nagar, Yendada, Visakhapatnam. N/o. D.No.1016, Shoba Primrose Green Glen Layout, Bellandur, South Bangalore, Karnataka. years. ...Petitioner/Owner of the Vehicle AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P, Amaravathi. ...Respondent % r lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C/ 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 dispense with the filing of the Certified copy of the order in CRL.M.P.NO.213/2024 dated 24.10.2024 on the file of Metropolitan Sessions Judge-cum- I Additional District and Sessions Judge - Special Judge for Trail of Offences under NDPS Act, Visakhapatnam. Counsel for the Petitioner; SRI ANAND KUMAR KOCHIRI Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following: K ■ Si APHC010008262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 38 OF 2025 Between: Prasenjit Ghosh ...PETITIONER AND The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner: 1.ANAND KUMAR KOCHIRI Counsel for the Respondent: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Revision Case has been filed against the order, dated 24.10.2024, passed in Crl.M.P.No.213 of 2024 by the learned Metropolitan Sessions Judge-cum-1 Additional Di^rict and Sessions Judge- Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. An application has been filed by the petitioner herein under Section 457 of Cr.P.C seeking to release of his car i.e Maruthi Suzuki Alto VXI+ bearing Registration No. AP 39 RS 3301 towards interim custody. Learned Sessions Judge has allowed the same vide order dated 05.09.2024, operative portion of the said order reads thus. “9. In the result, the petition is allowed. The petitioner shall execute a bond for Rs. 4 Lakhs with one surety for like sum to the satisfaction of I Additional Chief Judicial Magistrate, Visakhapatnam. The petitioner shall furnish Bank Guarantee for Rs. 4 Lakhs/-. The petitioner shall produce the vehicle before this Court as and when he is directed during the trial and also during confiscation proceedings, if any, such proceedings are initiated. The petitioner shall not alienate the vehicle or change its nature and character or physical features during the pendency of the case. The vehicle shall not be used for the commission of any offence. The Investigating Officer shall take the photographs of the vehicle from all angles for the purpose of future identification of the vehicle 3. Against the said order, the present Criminal Revision Case came to be filed by the petitioner. 4. Learned counsel for the petitioner submits that the condition imposed by the learned Sessions Judge is erroneous and the petitioner is ready and willing to furnish one surety and execute personal bond for a sum of Rs. 4,00,000/- as directed by the trial court, except Bank Guarantee for Rs. 4,00,000/-. Therefore, requested to modify the order of the court below. 5. Considering the submissions of learned counsel for the petitioner, the condition imposed in the impugned order is modified and the petitioner shall execute a personal bond for a sum of Rs. 4,00,000/- with one surety for like sum to the satisfaction of I Additional Chief Judicial Magistrate, Visakhapatnam. The Court below is directed not to insist the petitioner to % furnish the Bank Guarantee for Rs. 4,00,000/-. The other conditions imposed in the impugned order remain unaltered. 6. The Criminal Revision Case, is accordingly, allowed. 7. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Revision Case shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// sec^i^^Tofficer To The Metropolitan Sessions Judge-cum- I Additional District and Sessions Judge - Special Judge for Trail of Offences under NDPS Act, Visakhapatnam (with records if any) One CC to Sri. Anand Kumar Kochiri, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi. Three CD Copies 1. 2. 3. 4. 5. PR sree 1 1 HIGH COURT DATED:20/01/2025 -f ORDER CRLRC.No.38 of 2025 g 0 7 FEB 2025 St \X. Current Section . ^Ss^gSPATCHeS-S ALLOWING THE CRLRC