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2025 DAILYLAW 3525 (AP)

BODICHERLA VENKATESWARA RAO v. THE STATE OF ANDHRA PRADESH

CRLRC/44/2025 · 2025-01-20

K Sreenivasa Reddy

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 44 OF 2025 Revision filed under Section 438 & 442 of B.N.S.S, aggrieved by the impugned order dated 17-12-2024, passed in CRL.M.P No. 958/2024 by the Hon’ble Metropolitan Sessions Judge-Cum-I Additional District & Sessions Judge- Special Judge for the trial of offences under the NDPS Act, Visakhapatnam, in connection with Crime No. 204 of 2024 of V. Madugula Police Station. Between: Bodicherla Venkateswara Rao, S/o. Bodicherla Venkanna, Aged 58, R/o. D. No. 1-154, Kotta Peta, Near Vivekananda College, Kaikaluru, Krishna District. ...Petitioner AND 1. The State Of Andhra Pradesh, (V.Madugula Police Station), Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. 2. Sinu Shihabudeen, (A1), S/o Shihabudeen, Aged 32, R/o. Koippillyazhikam Kayyalakkai Vedakkaevila Post and Village, Kollam District, Kerala State. 3. Anoop MS, (A2), S/o Sivadasan, Aged 25, R/o. Mongadi Talikkulam Village and Mandal, Thrisur District, Kerala State. > /f 4. Mahindra and Mahindra Financial Services Ltd,, Door No. 10/262, DVS Complex, 1ST Floor, Eluru Road, Main Road, Gudiwada. ✓ ...RESPONDENTS Counsel for the Petitioner :SRI. DHANUNJAY GONUGUNTLA Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following: ORDER .> APHC010018272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 44 OF 2n?/> [3327] Between: Bodicherla Venkateswara Rao ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.DHANUNJAY GONUGUNTLA Counsel for the Respondent{S): 1. PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT(S) ORDER: This Criminal Revision Case ^as been filed against the order, dated 17.12.2024, passed in Crl.M.P.No.958 of 2024 by the learned Metropolitan Sessions Judge-cum-1 Additional District and Sessions for Trial of Offences under NDPS Act. Visakhapatnam. Judge- Special Judge 2. An application has been filed by the petitioner herein 457 of Cr.P.C seeking to release of his Registration No. AP 39 RS 3413 towards interim under Section car i.e Maruthi Wagon R VXI, bearing custody. Learned Sessions \ Judge has allowed the same vide order dated 17.12.2024, operative portion of the said order reads thus. “9. In the result, the petition is allowed. The petitioner shall execute a bond for Rs. 4,00,000/- (Rupees four lakhs only) with one surety for like sum to the satisfaction of Judicial First Class Magistrate, V.Madugula. The petitioner shall furnish Bank Guarantee for Rs. 4,00,000/-. The petitioner 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 identification of the vehicle . The petitioner is hereby further directed to produce the vehicle whenever the complainant required the same for the purpose of conducting inventory, in case, the petitioner failed to produce the vehicle before the Complainant, this order shall stands cancelled. ” 3. Against the said order, the present Criminal Revision Case came to be filed by the petitioner. 4. Learned counsel for the petitioner submits that the condition imposed by the learned Sessions Judge is erroneous and the petitioner is ready and willing to furnish one surety and execute personal bond for a sum of Rs. 4,00,000/- as directed by the trial court, except Bank Guarantee for Rs. 4,00,000/-. Therefore, requested to modify the order of the court below. 5. Considering the submissions of learned counsel for the petitioner, the condition imposed in the impugned order is modified and the petitioner shall execute a personal bond for a sum of Rs. 4,00,000/- with one surety for like sum to the satisfaction of Judicial Magistrate of I Class, V. Madugula. The / 0r Court below is directed not to insist the petitioner to furnish the Bank Guarantee for Rs. 4,00,000/-. The other conditions imposed in the impugned order remain unaltered. 6. The Criminal Revision Case, is accordingly, allowed. 7. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Revision Case shall stand closed. I Js Sd/-KTATA RAO DEPUTY REGISTRAR cA/ //TRUE COPY// \ SECTION OFFICER To, Sessions Judge-Cum-I Additional Special Judge for the trial of offences 1. The Chairman, Metropolitan District & Sessions Judge- under the NDPS Act, Visakhapatnam (with records) Magistrate, V.Madugula, Visakhapatnam. 2. The Judicial First Class Officer, V.Madugula Police Station, 3. The Station House Visakhapatnam. 4. One CC to Sri. Dhanunjay Gonuguntia Advocate [OPUC] High Court of Andhra Pradesh [OUT] High Court of Andhra Pradesh at 5. Two CCS to Public Prosecutor, 6. The Section Officer, Criminal Section, Amaravathi. 7. Three CD Copies PR vna / HIGH COURT DATED:20/01/2025 ORDER ^^ANbB^ H 0 FEI 2025 CRLRC.No.44 of 2025 Cutienl SmUob ^ ALLOWING THE CRLRC