IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 796 OF 2024 Appeal under Section 454 of Cr.P.C, aggrieved by the Judgment dated 27.09.2024 passed in N.D.P.S. Sessions Case No. 57 of 2017 on the file of the Court of the Hon’ble Court of The Special Judge for Trial of Cases Under NDPS Act-Cum-I Additional District and Sessions Judge; Vizianagaram to the extent of imposing a condition that M.Os 3 and 4 cars bearing no. AP31 CX 9425 and AP 05 AP 4668 respectively, are not in moving condition, the same shall be kept in the custody of Vallapudi Police till the disposal of the case against A2. Between: Pediredla Apparao, S/o late Apparao, Aged about 47 Years, R/o. Beeraka Veedhi, Deverapalli Village, Vizianagaram District ...Appellant/Accused No.1 AND The State of Andhra Pradesh, Represented by Public Prosecutor, High Court Buildings, Amaravati. ...Respondent No.1 lA NO: 2 OF 2024 Petition under Section 482 of Cr.P.C r/w 457 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition. the High Court may be pleased to grant interim custody of the vehicles of the Petitioner i.e., cars bearing no. AP31 CX 9425 and AP 05 AP 4668, respectively which were marked as M.Os 3 and 4in N.D.P.S. Sessions Case No. 57 of 2017 on the file of the Court of the Hon’ble Court of The Special Judge for Trial of Cases Under NDPS Act-Cum-I Additional District and Sessions Judge: Vizianagaram, pending disposal of the CRLRC. Counsel for the Appellant/Accused No.1 ; Sri. Bonu Rama Shankar Rao Counsel for the Respondent: Ms. K Priyanka Lakshmi, Assistant Public Prosecutor The Court made the following: APHC010551042024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 796/2024 Between; ...APELLANT PediredlaApparao AND ...RESPODENT The State Of Andhra Pradesh Counsel for the Apellant: 1.BONU RAMA SHANKAR RAO Counsel for the Respodent; 1.PUBLIC PROSECUTOR The Court made the following JUDGMENT; been filed under Section 454 of Code of The instant appeal has Criminal Procedure, 1973, against the judgment dated 27.09.2024 passed in the file of the Court of Special Judge for Trial of Offences under NDPS-cum-l Additional District and Sessions Judge, NDPSNo.57 of 2017 on Vizianagaram. Shankar Rao, learned counsel for the No.1 and Ms.K.Priyanka Lakshmi, learned Additional 2. Heard Sri Bonu Rama Appellant/Accused Public Prosecutor for the State/Respondent is in attendance. ■ Oh Petitioner herein is A1 in NDPS S.C.No.57 of 201 /pending on the file of theCourt of Special Judge for Trial of Offences under NDPS-cum-l Additional 3. District and Sessions Judge, Vizianagaram. The case against A1 and A3 ended in acquittal. Whereas the case against A2 was split up and numbered as NDPSS.C.No.16 of 2023. Learned counsel would submit that the learned Special Judge in the judgment ordered to keep M.Os.3 and 4 with the police till the disposal of the case against A2. Learned counsel would further submit that during the pendency of the trial in NDPS S.C.No.57 of 2017, petitioner was given interim custody of M.Os.3 and 4. He has produced the vehicles before the Court during course of trial as ordered by the Court. The petitioner is the owner of M.Os.3 and 4. Learned counsel would further submit that if the vehicles are continued in the custody of the police, they will be damaged. A direction may be given for giving the custody of M.Os.3 and 4 to the petitioner and he will abide by the orders of the Court. He is ready to furnish the sureties to the satisfaction of the Court and ready to produce M.Os.3 and 4 before the Court in NDPS S.C.No.16 of 2023, which is a split up case against A2. Learned Assistant Public Prosecutor would submit that Court may pass 4. appropriate orders. At this juncture, it is beneficial to refer judgment of the Hon'ble Supreme Court in Sunderbhal Ambalal Desai v. State of Gujarat\ in which it has 5. been held that it is of no use to keep seized vehicle at the Police Stations for a ^AIR 2003 SUPREME COURT 638 long period and 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.lt is therefore clear that the Court cannot keep the vehicles pending trial since tomorrow they may notbe in a position to use. In the backdrop of the same, since interim custody was given to the petitioner during the pendency of NDPS *S.C.No.57 of 2017, he is entitled to have custody on the same terms and conditions as imposed by the trial Judge. 6. In that view, learned trial Judge is directed to return M.Os.3 and 4 to the petitioner by fixing appropriate conditions on proper identification and undertaking to produce the same before the Court in *NDPSS.C.No.57 of 2017, which is a split up case against A2. 7. Accordingly, the Criminal Appeal is allowed. Consequently, miscellaneous petitions, pending if any, shall stand closed. SD/- E KAMESWARA RAO JOINT REGISTRAR / / //TRUE COPY// SEl^roN OFFICER 1. The Special Judge for Trial of Cases under NDPS Act-Cum-I Additional District and Sessions Judge: Vizianagaram, Vizianagaram district 2. The Inspector of Police, S.Kota Circle, Vizianagaram, Vizianagaram district 3. One CC to Sri. Bonu Rama Shankar Rao Advocate [OPUC To, 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 5. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi. 6. Three CD Copies stu sree *ln Para Nos.5 & 6 of the Order, dated 07.01.2025 the Year of of 2023” is deleted and substituted as “SC.No.57 of 2017”, as per Court Order, dt. 29.01.2025 made in I.A.No.01/2025 in CrlA.No.796/2024 . SC.No.57 SD/- E KAMESWARA RAO JOINT REGISTRAR HIGH COURT DATED:07/01/2025 29/01/2025 AMENDED JUDGMENT CRLA.No.796 of 2024 ALLOWING THE CRIMINAL APPEAL