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2025 DAILYLAW 32227 (AP)

Seedari Puspalamma v. The State of Andhra Pradesh

CRLP/9437/2025 · 2025-09-09

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010473642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 1 WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9437 OF 2025 BETWEEN: Seedari Puspalamma, W/o. Appala Raju, Aged about 42 years, R/o. Sariya Village, Beeram Panchayat, G. Madugula Mandal, ASR District. (Owner of Mahindra & Mahindra Motor Cab Vehicle No AP-39-TJ-0549. ...Petitioner AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. Through the Station House Officer, G. Madugula Police Station, Alluri Sitharama Raju (previously Visakhapatnam) District. ...Respondent Petition (under Section 482 of Cr.P.C) Old Act U/s. 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to modify the order dated 15.02.2025 passed in Crl.M.P.No.280 of 2025 on the file of the I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act r Visakhapatnam, by substituting the requirement of furnishing a Bank Guarantee for Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only) with a condition to furnish third-party surety for Rs.5,000/- (Rupees Five Thousand only) to the satisfaction of the Judicial Magistrate of First Class, Paderu. Counsel for the Petitioner: SRI SRAVAN KUMAR NAIDANA Counsel for the Respondent PUBLIC PROSECUTOR The Court made the following Order: 1 APHC010473642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] 0^:5 WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9437/2025 Between; 1.SEEDAR1 PUSPALAMMA, W/0 APPALA RAJU, AGED ABOUT 42 YEARS, R/0 SARIYA VILLAGE, BEERAM PANCHAYAT, G. MADUGULA MANUAL, ASR DISTRICT. (OWNER OF MAHINDRA SS MAHINDRA MOTOR CAB VEHICLE NO AP-39-TJ-0549 ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. Through the Station House Officer, G. Madugula Police Station, Alluri Sitharama Raju (previously Visakhapatnam) District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant; 1. PUBLIC PROSECUTOR The Court made the following; ORDER: This Criminal Petition has been filed against the order, dated 15.02.2025, passed in Crl.M.P.No.280 of 2025 on the file of the learned I Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam to the extent of imposing conditions directing the bond for Rs.1,50,000/- and also furnish bank petitioner herein to execute a guarantee for an amount of Rs.1,50,000/- for release of Mahindra Motor Cab bearing registration No.AP 39 TJ 0549 towards interim custody. Heard Sri Sravan Kumar Naidana, learned counsel for the Petitioner and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 2. 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.655 of 2025, dated 31.01.2025. Considering the submissions made, in view of the said Order passed by a Coordinate Bench of this Court in Criminal Petition No.655 of 2025, dated 31.01.2025 and taking into consideration of the facts and circumstances of the case, the condition imposed by the learned Special Judge in the order, dated 15.02.2025, passed in Crl.M.P.No.280 of 2025, to the extent of directing the petitioner to furnish bank guarantee for a amount of Rs.1,50,000/- is hereby set aside. The petitioner shall execute a bond for Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Paderu. The rest of the conditions imposed by the learned Special Judge shall remain unaltered. 4. 5. With the above said modification, the Criminal Petition is disposed of. Pending applications, if any, shall stand closed. Sd/- M.PRABHAKAR RAO assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Judicial Magistrate of First Class, Paderu, Visakhapatnam District. (f 3. The Station House Officer, G. Madugula Police Station, Alluri Sitharama Raju (previously Visakhapatnam) District. 4. One CC to Sri. Sravan Kumar Naidana, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 6. Two C.D Copies. SSL vna 'V' HIGH COURT DATED:10/09/2025 ORDER i SEP 2025 ^ Current Section ^ CRL.P. NO. 9437 OF 2025 DISPOSING OF THE CRIMINAL PETITION