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2025 DAILYLAW 35115 (AP)

Gujju Bhaskar Rao v. The State of Andhra Pradesh

CRLRC/1147/2025 · 2025-10-15

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010552782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1147/2025 Between: GUJJU BHASKAR RAO, S/O SURYANARAYANA, AGED ABOUT 26 YEARS, R/O KESAVARAYUNIPALEM VILLAGE, LAVERU MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, rep. by its Public Prosecutor, High Court of A.P. Amaravati. ...RESPONDENT Counsel for the Petitioner: P RAJKUMAR Counsel for the Respondent: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.R.C.No.1147 of 2025 Dated 16.10.2025 The Court made the following: ORDER: Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. 2. The Criminal Revision Case has been filed challenging the order dated 12.09.2025 in Crl.M.P.No.917 of 2025 in Cr.No.102 of 2025 of Makavarapalem Police Station, passed by the learned I Additional District and Sessions Judge-cum-Special Judge for Trial of Offences under the NDPS Act, Visakhapatnam, in releasing the vehicle to the interim custody of the petitioner with certain conditions. 3. The learned Trial Court directed the petitioner to execute a bond for Rs.9,00,000/- (Rupees Nine Lakhs Only) with one surety for like sum to the satisfaction of the learned Additional Judicial Magistrate of First Class, Narsipatnam. The petitioner shall also furnish Bank Guarantee for Rs.9,00,000/-. The vehicle was involved in commission of offence of transportation of commercial quantity of ganja. The vehicle is Ertiga Car bearing registration No.AP 39 UX 7752. 4. The learned counsel for the petitioner submits that the petitioner is the owner of the vehicle, and that the vehicle was given to the driver without the owner’s knowledge. The driver used the vehicle for the 3 Dr. YLR, J Crl.R.C.No.1147 of 2025 Dated 16.10.2025 purpose of transporting ganja. The impugned order does not indicate that the vehicle was previously involved in the commission of a similar offence. 5. The learned counsel for the petitioner further submits that it has become onerous to comply with the condition imposed by the learned Trial Judge, as the petitioner is bound to pay Rs.23,100/- towards monthly instalments to the financier. 6. Considering the facts and circumstances of the case, the gravity and nature of the allegations levelled against the driver of the vehicle, and the fact that the owner has not been shown as an accused in the case, this Court is inclined to modify the impugned order passed by the learned Trial Court. 7. The petitioner shall execute a bond for an amount of Rs.9,000/- (Rupees Nine Thousand Only) with one surety for the like sum to the satisfaction of the learned Additional Judicial Magistrate of First Class, Narsipatnam. The petitioner shall also furnish a Bank Guarantee for an amount of Rs.3,00,000/-. The remaining conditions imposed by the learned Trial Court shall be followed scrupulously. 8. It is to be observed that imposing any condition which is too onerous for the petitioner to comply with may result in the vehicle lying 4 Dr. YLR, J Crl.R.C.No.1147 of 2025 Dated 16.10.2025 idle at the police station, exposed to sunlight, rain, and dust, which would not serve any purpose. 9. 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 Date: 16.10.2025 RSI 5 Dr. YLR, J Crl.R.C.No.1147 of 2025 Dated 16.10.2025 171 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE No.1147 of 2025 Date:16.10.2025 RSI