APHC010488072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1018/2025 Between: 1.DUNNA VANASANKARA RAO, S/O KOTESWARA RAO, AGE 40 YRS OCC DRIVER, R/O D. NO. 1-72, BALLIPARU VILLAGE, PAMARRU MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Station House Officer, Pamarru Police Station, Through the Learned Assistant Public Prosecutor, Gudivada, Krishna District. ...RESPONDENT Counsel for the Petitioner: 1.NEELAM SANKARA RAO Counsel for the Respondent: 1.PUBLIC PROSECUTOR The Court made the following: Order: Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 2 2. The Criminal Revision Case has been preferred under Sections 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) challenging the order dated 29.08.2025 passed by the learned Additional Judicial Magistrate of First Class, Gudivada in Crl.M.P.No.3076/2025 in Cr.No.95/2025 of Pamarru Police Station. 3. The vehicle bearing No.AP 39 UV 3393, Eicher lorry was used for commission of an offence punishable under Section 109(1), 132 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) read with Section 184 of the Motor Vehicles Act, 1988. The vehicle has been in the judicial safe custody of the Investigating Officer since 05.06.2025. Keeping the vehicle in the police custody would not serve any purpose. On the other hand, if it is exposed to sun, light, air and rain, the value of the vehicle would deteriorate. 4. The Hon’ble Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat1,gave certain guidelines regarding the granting of temporary custody of property to claimants, wherein at paragraph Nos.7 and 17 as under: “7. In our view, the powers under Section 451 CrPC should be exercised expeditiously and judiciously. It would serve various purposes, namely: 1. owner of the article would not suffer because of its remaining unused or by its misappropriation; 2. court or the police would not be required to keep the article in safe custody; 3. if the proper panchnama before handing over possession of the article is prepared, that can be used in evidence instead of its production before the court during the trial. If necessary, evidence could also be recorded describing the nature of the property in detail; and 4. this jurisdiction of the court to record evidence should be exercised promptly so that there may not be further chance of tampering with the articles. 1(2002) 10 SCC 283 3 17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.” 5. Considering the facts and circumstances of the case, the order passed by the learned Additional Judicial Magistrate of First Class, Gudivada is required to be modified. The vehicle is insured for a period of one year, effective from 04.04.2025 to 03.04.2026, as per the policy issued by Bajaj Allianz General Insurance Company Ltd. The insurance contract was entered into between the Petitioner and the company. The value of the vehicle is Rs.28,00,000/- and the sum assured was also Rs.28,00,000/-. The vehicle is of the year 2024. 6. The learned Additional Judicial Magistrate of First Class, Gudivada is directed to release the vehicle subject to the production of the sureties to the satisfaction of the learned Additional Judicial Magistrate of First Class, Gudivada. 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. _________________________ Dr. Y. LAKSHMANA RAO, J Dt: 26.09.2025 Note: Issue C.C by today B/o VTS