THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL PETITION NO.8720 OF 2024 ORDER: The Criminal Petition, under Section 483(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed seeking to modify the condition imposed in the order dated 22.01.2024 passed in Crl.MP No.1248 of 2023 by the learned Metropolitan Sessions Judge-Cum-I Additional District and Sessions Judge-cum-Special Judge for trial of offences under the NDPS Act, Visakhapatnam (in Crime No.31 of 2023 of Sileru Police Station, Visakhapatnam) for release of Eicher Goods Carrier bearing registration No.MH 04 HD 9376. 2. A case in Crime No.31 of 2023 of Sileru Police Station, Visakhapatnam District, was registered against the accused for the offence punishable under Section 20(b)(ii)(C) read with 8(c), 25 of the NDPS Act. During the course of investigation, as the Eicher Goods Carrier bearing registration No.MH 04 HD 9376 belonged to the petitioner herein was seized, he filed Crl.MP No.1248 of 2023 for release of the said vehicle and the learned Sessions Judge, vide impugned order dated 22.01.2023, allowed the said 2 petition and directed to give the said vehicle to the petitioner herein for interim custody subject to following conditions. “In the result, the petition is allowed and the property Eicher Goods Carrier bearing Regd.No.MH 04 HD 9376 is ordered to be given to the interim custody of the petitioner - Prathmesh Arjun Jogdand on his executing a self bond for Rs.8 LAKHS with one surety for a like sum to the satisfaction of the JUDICIAL MAGISTRATE OF FIRST CLASS, CHINTAPALLI subject to production of the original registration certificate. The Petitioner is directed not to transfer the vehicle and not to change the physical features of the vehicle. The petitioner is directed to give an undertaking before the learned Magistrate that he shall produce the vehicle as and when directed by the trial court. It shall be after completion of inventory by the learned Magistrate and after taking photographs of the vehicle and the petitioner is directed to sign on the reverse side of the photographs of the vehicle.” 3. Questioning the condition imposed by the learned Sessions Judge to the extent of directing him to execute a self bond for Rs.8,00,000/- with one surety for the like sum to the satisfaction of the learned Judicial Magistrate of First Class, Chintapalli, for release of 3 the vehicle, the petitioner herein filed the present Criminal Petition seeking modification of the said condition. 4. Heard. Perused the record. 5. Learned counsel for the petitioner submits that the condition imposed by the learned Sessions Judge is onerous and the petitioner could not be in a position to mobilize the funds for getting the vehicle released, hence he seeks to modify the condition imposed by the learned Sessions for release of the vehicle. He further submits that the petitioner is eking out his livelihood purely on the rental income derived from the vehicle and if the vehicle is kept idle in the police station and exposed to rain and sunlight the same would be damaged. 6. In view of the aforesaid facts and circumstances, this Court is inclined to modify the condition imposed by the Court below. Accordingly, the condition imposed by the learned Metropolitan Sessions Judge-Cum-I Additional District and Sessions Judge- cum-Special Judge for trial of offences under the NDPS Act, Visakhapatnam, in the order in Crl.MP No.1248 of 2023, dated 22.01.2024, is modified to the extent that the petitioner shall execute a self bond for the value of the vehicle to be assessed by the Motor 4 Vehicle Inspector concerned with one surety for a like sum to the satisfaction of the learned Judicial Magistrate of First Class, Chintapalli. It is made clear that rest of the conditions as imposed by the learned Sessions Judge in the order in Crl.MP No.1248 of 2022, dated 19.08.2023, shall remain unaltered. 7. Accordingly, the Criminal Petition is disposed of. 8. As a sequel thereto, the miscellaneous applications, pending if any, shall stand closed. _______________________ K. SREENIVASA REDDY, J Dated:28.02.2025 Nsr/Tjn 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.8720 of 2024 Dated:28.02.2025 Nsr/Tjn