IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE NYAPATHY CRIMINAL PETITIOM i^q.. 8327 OF onoA VIJAY Between: Sekh Sahabaj, S/o.Shek Paikathoba. Koraput, Odisha. Nur Mahammad, Aged 28 years, R/o.Thuba ...Petitioner/Owner of the Vehicle AND The state of Andhra Pradesh, Rep. By its Public Prosecutor, High Court of A.M., Amaravati, Through S.H.O Araku Valley Police Station. ...Respondent Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition. the High Court may be pleased to modify the passed in CRL.M.P.No,548/2024 in Crime No.43 of 2023 Police Station) on the file of the I Additional District cum-Special Judge for Trial of Offences by reducing surety order dated; 03.10.2024 (Araku Valley and Sessions Judge- Under NDPS Act: Visakhapatnam amount i.e., bank guarantee of Rs.9 lakhs to a personal bond of Rs.5,000/- and pass such This Petition of Grounds of Criminal Petition coming on for hearing upon and upon hearing the perusing the Memorandum arguments of Sri / Sravan Kumar Naidana, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent The Court made the following ORDER: « APHC010517142024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CRIMINAL PETITION NO: 8327/2024 Between: Sekh Sahabaj ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CRIMINAL PETITION N0.8327 of 2024 ORDER: The present Criminal Petition is filed under Section 482 of B.N.S.S. Act, 2023 to modify the Order dated 03.10.2024 passed in Crl.M.P.No.548 of 2024 in Crime No.43 of 2023 (Araku Valley Police Station) on the file of the I Additional District & Sessions Judge-cum- Special Judge for Trial of Offences Under NDPS Act, Visakhapatnam, by reducing surety amount i.e. Bank Guarantee of Rs.9,00,000/- to a personal bond of Rs.5,000/- and pass such other reliefs. 1. Heard Mr.Sravan Kumar Naidana, learned counsel for the Petitioner and the learned Assistant Public Prosecutor for the Respondent-State. 2. 3. Perused the record. The vehicle i.e. Maruti Suziki Ertiga Smart Hybrid VDI Car bearing No.OD 10 T 9940 was seized by the Police in which the contraband was being transported. The Petitioner is the owner of the said vehicle filed Crl.M.P.No.548 of 2024 before the I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences Under NDPS Act, Visakhapatnam and sought for release of the vehicle as the he is no way concerned with the said offence or his vehicle is involved in the said crime. The trial Court allowed the petition with the following conditions:- 4. 2 In the result, the petition is allowed The petitioner shall execute a bond for Rs.9 Lakhs with one surety for like the satisfaction of the Court of Judicial Magistrate Araku Valley, The petitioner shall sum to of First Class, furnish Bank Guarantee for Rs. 9 Lakhs. The petitioner shall produce Court as and when he I. the vehicle before this IS directing during the trial and also during confiscation proceedings, if any, such initiated The petitioner shall not alienate its nature and character proceedings are the vehicle or change or physical features during the case. The vehicle shall not be commission of any offence. The Investigating Officer the photographs of the vehicle from pendency of the used for the shall take all angles for the purpose of future identification of the vehicle Questioning the harsh condition of furnishing Bank Guarantee for Rs.9 Lakhs imposed by the trial Court, the present Criminai Petition is filed. 5. After hearing the Respective the submission made by the counsel ‘ vehicle and the condition imposed by the trial Court harsh. counsels, this Court finds merit in for the Petitioner/owner of the appears to be 6. Therefore, the order of the directing the Petitioner/owner trial Court to the extent of of the vehicle to furnish the Bank Guarantee for Rs.9,00,000/- is modified by substituting the condition that the ‘Petitioner/owner of the vehicle is directed to execute a personal bond for Rs.9.00.000/- or third party security to the said sum: The rest of the conditions imposed by the triai Court the same. remains 3 7. Accordingly, the Criminal Petition is partly allowed. As a sequel, pending applications, if any, shall stand closed. SD/- P U V BHASKARA RAO ASSISTANT REGISTRAR //TRUE COPY// prSECTION OFFICER The I Additional District and Sessions Judge-cum-Special Judge for Trial of Offences Under NDPS Act, Visakhapatnam The Additional Judicial First Class Magistrate, Araku Valley, Visakhapatnam The Station House Officer, Araku Valley Police Station, Visakhapatnam District. One CC to Sri. Sravan Kumar Naidana Advocate [OPUC] Two CC s to The Public Prosecutor High Court of Andhra Pradesh at Amaravati [OUT] Three CD Copies To, 1. 2. 3. 4. 5. 6. MKP sree i. HIGH COURT DATED;03/01/2025 ORDER CRLP.No.8327 of 2024 gS^ X 01 JAN 2125 oV s. o> . Current Sectien 5j£espATCH«5^ PARTLY ALLOWING THE CRLP