* (L,\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT! THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY 'i'W o\ > U CRIMINAL PETITION NO: 7609 OF 2024 Between: Prasanthy Roy, W/o. R. Raghuveer Roy, aged about 34 years, R/o. D.No.11- 5-13-363/7, Raja Rajeswari Temple Rajahmahendravaram East Godavari District, A.P. Kolamuru, Konthamuru Post, ...Petitioner/Owner / 3"'* Party AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent Petition under Section 439(1) Cr.P.C. and Sec. 483(1) BNSS R/w 482 of Cr.P.C R/w 528of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to modify the order passed by the Metropolitan Sessions Judge-cum-l Addl. District and Sessions-Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam in CrI.M.P. No. 195/2024 in Cr. No. 251/2021 dated 13.03.2024 by considering the situation of the Petitioner/Owner/3rd Party as 'the property is to be given to the interim custody of the petitioner on executing a self bond for Rs.50,000/- (Rupees Fifty Thousand only) with single surety' instead of 'petitioners/AI and A3 to be released on bail on executing a self bond for Rs.8,00,000/- (Rupees Eight Lakh only) with one surety and permit the r etitiorier/Owner/3'^^ Party to deposit the surety bond amount of Rs.50,000/- with single surety instead Of Rs.8,00.000/- with one surety This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Petitioner and the Public Boosara V N Praveen Kumar, Advocate for the Prosecutor on behalf of the Respondent The Court made the following: 1 APHC010475582024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 7609/2024 Between: Prasanthy Roy ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.BOOSARA V N PRAVEEN KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER:- The Criminal Petition, u/Sec.483(l) of BNSS, is filed on behalf of the petitioner herein to modify the order dated 13.3.2024 in CrI.M.P.No.195/2024 passed by the learned I Additional District & ' ^ Sessions judge-cum-Special Judge for Trial of Offences NDPS Act, Visakhapatnam. 2. Heard. Perused the record. 2. A case in crime No.251 of 2021 been registered against the accused Sections 20(b)(i)(ii)(C) read with Narcotic Drugs and Psychotropic Substances NDPS Act') and Innova seized in the said crime. The learned Special Judge for trial of granted interim custody of the Innova 28 BG 0558 to the petitioner i Town Police Station, on condition of his Rs.8,00,000/- with one surety for learned Additional Judicial Magistrate of 5. The present Criminal Petition petitioner is not in a position to produce the interim custody of the vehicle could not secure such condition imposed by the Court below. under the of Narsipatnam Town p.s., has for the offences punishable under 8(c), 22 (b), 25 and 27 (a) of the Act, 1985 (for short 'the car bearing registration no.AP 28 BG 0558 was '4. offences under NDPS Act car bearing registration no.AP in Crime No.251/2021 of Narsipatnam executing a self bond for a like sum to the satisfaction of the First Class, Narsipatnam. is filed on the ground that the sureties and though was granted on 13.3.2024, the petitioner surety and hence, he urged to modify the wv 6. Having considered the submission of the learned counsel for the petitioner and for the reasons stated in the petition, this Court is inclined to modify the order passed by the court below. Accordingly, the order dated 13.3.2024 in CrI.M.P.No.195/2024 passed by the learned I Additional District & Sessions Judge -cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam is modified to the extent that the petitioner herein shall execute a self bond for Rs.5,00,000/- (Rupees five lakhs only) with one surety for the like sum to the satisfaction of the learned Additional Judicial Magistrate of First Class, Narsipatnam. It is hereby made clear that the other conditions imposed by the Court below shall remain unaltered. Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed. 7. ^ _ SD/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// To. SECTION OFFICER "f- The Additional Anakapalle District. 2. The Metropolitan Sessions Judge - Special Judge for Visakhapatnam. 3- One CC to Sri Boosara 4. Two CCs to the Public 5. Three CD Copies Judicial Magistrate of First Class Narsipatnam Judge-cum-l Addl. District Trial of Offences and Sessions- under NDPS Act V.N. Praveen Kumar, Advocate fOPUCJ Prosecutor High Court of Andhra Pradesh [OUT] Psr sree • r/ HIGH COURT DATED:23/01/2025 ORDER CRLP.No.7609 of 2024 anoS^ 5 3 I JAN 2C23 ^ Current Section . X <J o Co ALLOWING THE CRIMINAL PETITION