T¥ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV _..'\_I./ qJ TUESDAYI THE TWENTY FIRST DAY OF JANUARYl I:A.,I:* TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 8083 OF 2024 Between : ®- Gadi Lakshmi, W/o Nagaraju, Aged 52 years, R/o Jaaitavaram post, Bylapudi, Ramalayam Street, Anakapalli, Andhra Pradesh -531028. I.:.petitioner/3rd Party/OwBer Of the Vehicle .J_ AND i 1. The State of Andhra I Pradesh, through station House Officer, Gopalapatnam Police station, rep. by Public Prosecutor, High Court at Amaravati. ...Respondent No.1 2. Cholamandam Investment and Finance Company Pvt. Ltd. ...Respondent/Defacto Complainant Petition under Section 482 of Cr.P.C u/s 528 of BNSS u/s 483(1), is filed praying that in the circumstahces stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to relax the condl'tion of imposing of Rs. 7,00,000/- towards bank guarantee for release of the vehicle passed in crl.M.P.No. 479 of--2o24, Dt. 04.09.2024 ort-the file of THE METROPOLITAN SESSION JUDGE i Gum - I ADDITIONAL DISTRICT & SESSIONS JUDGE -SPECIAL JUDGE FOR TRIAL OF OFFENCES UNDER NDPS ACT -VISAKHAPATNAM against the Petitioner. The petition coming on for-:hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of M/s Bandi praveena, Advocate for the Petitioner and of public prosecutor for the Respondent, the Court made the following i APHCO10501492O24 EEL= IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3327] TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY £LRIMINAL PETITION NO.8083 OF 2Q24 Between : Gadi Lakshmi The State of AP Rep. by its PP and anther ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT(S) Counsel for the petitioner/accused: 1. BANDI PRAVEENA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSE-CUTOR The Court made the following ORDER: This Criminal Petition has been filed against the order, dated o4.09.2024, passed in CrI,M.P.No.479 of 2024 on the file of the learned Metropolitan Sessi-6ns Judge-Gum-I Additional District and .Sessions Judge-Gum-Special Judge for trl'al of offences under the Narcotic Drugs and Psychotropl'c Substances •\-}` -` _ -~Jly # Act,1985, Visakhapatnam, to the extent of imposing conditions directing the petitioner herein to execute a bond for Rs.7,00,000/- with one surety for like sum to the satisfaction of the learned li Additional Judicial Magistrate, Vistakhapatnam and also furnish bank guarantee for an amount Of Rs.7,00,000/- for release of Maruthi Dzire VXI Car bearing registration No.AP 39 U 5554 towards interim custody. 2. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for the State. 3. The petitioner herein is owner of the subject Vehicle, which was seized in Crime No.66 of 2O24 of Gopalapatnam Police Station, registered for the offences punishable under the NDPS Act. The Investigating Officer seized the vehicle during the course of investigation. Thereafter, the petitioner, who is claiming to be the owner of the said vehicle, filed a petition in crl.M.P.No.479 of 2024 before the learned Sessions Judge seeking interim custody of the said vehicle. The learned sessions Judge, by an order dated 04.09.2024, allowed the said petit'lon on the following conditions. llln the result, the petition is allowed. The petitioner shall execute a bond for Rs.7,00,000/- _ '-\ c-a (Rupees Seven Lakhs only) with one surety for like sum to the satisfaction of ll Additional Judicial Magistrate, Visakhapatnam. The petitioner shall furnish bank guarantee for Rs.7,00,000/-. The pet|ltioner 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 ident'lfication of the vehicle." 4. Aggrieved by the condition imposed by the learned Sessions 'Judge to the extent of directing the petitioner herein to execute a bond for Rs.7,00,000/- with one surety for a like sum and to furnish a bank guarantee for an amount of Rs.7,00,000/-, the present Criminal Petition is filed.- 5. Learned counsel appearing on behalf of the petitioner submits that the condition imposed by the learned Sess'lons Judge in directing the petitioner to furnish bank guarantee of Rs.7,00,000/- is onerous. He further submits that though the `=/ impugned order was passed on o4.09.2024, due to financial crises, the petitioner is unable to produce the bank guarantee for an amount of Rs.7,00,000/-. 6. In view of the aforesaid facts and circumstances of the case, the second condition imposed by the learned sessl'ons Judge in the order, dated o4.09.2024, passed in Crl.-MP No.479 of 2024, to the extent of directing the petitioner here`in to furnish bank guarantee for an amount of Rs.7,00,000/- is hereby set aside. The rest of the conditl'ons imposed by the learned Sessions Judge shall remain unaltered. 7. With the above said modification, the criminal Petition is disposed of. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. SD/-M.SRINIVAS //TRUE COPY// To, 1. The Metropolitan Sessions Judge-Gum-I Addl-tl'onal District and sessl'ons Judge-Gum-special Judge for trial of offences under the #iasrackoht:cpatnDar:?s and psychotroplc substances Act, 1985, 2. The ll Additional JudI-CiaI Magistrate, visakhapatnam. 3. The Station House officer, Gopalapatnam police station, Vl'sakhapatnam District. 4. One CC to M/S BANDI PRAVEENA, Advocate [OPUC] 5. Two ccs topuBLIC PROSECUTOR, High court of A.P., Amaravati.[ouT] 6- PSD One spare copy. HIGH COURT SRK,J DATED:21/01/2025 ORDER CRLP.No.8083 of 2024 ALLOWED (I,='i:I 3t"AN 2025 I _J|