IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE present THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY ^ iv CRIMINAL REVISION CASE NO: 1329 OF 2024 A ■VO SI c> Revision filed under Section 397 & 401 of CrPC against the order dated: 26.04.2023 that was passed in CRLMP No. 319/2023 in Cr. No. 295/2022 of S. Kota P.S., on the file of Hon’ble I Additional District & Sessions Judge, Vizianagaram. Between: Kolli Srinivas Reddy, S/o. Narasinga Rao, aged 46 years. Resident of D.No. 2/58, Byreddipalem Village, Kancheru, Bhogapuram Mandal, Vizianagaram District. ...Petitioner/Owner AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, S. Kota Police Station, Vizianagaram High Court of Andhra Pradesh, Amaravati. 2. Setti Uma Maheswara Rao @ Hussein @Puneeth, S/o. Appalaswamy, aged about 34 years. Resident of MVP colony. Section -09, Visakhapatnam, Native of Sivalinga Puram village, Ananthagiri Mandal, Alluri Setha Ram Raju District. (A1) 3. The Branch Manager, Kotak Mahindra Pvt. Ltd. (Financier) t 4. Kottapalli Yerrinaidu @ Yerrinaidu @ Yernibabu @ Nani, S/o. Suribabu, aged about 19 Years, S.kota Village, Vizianagaram District. (A2) 5. Maddala Vamsi, S/o. Govinda, aged about 21 Years, resident of Boddavalas village, S. Kota Mandal, Vizianagaram District (A3) 6. Setti Naveen Kumar, S/o Laxman Rao, aged 24 years, president of Cherukibidda Village, Gumma, Ananthagiri Mandal, Alluri Seetharamaraju District. ...Respondents (Respondents 2 to 6 are proforma parties and are not necessary for adjudication of the present petition) lA NO: 3 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to order the release of vehicle Hyundai Creta 1.5 CRDI MT SX (O), Polar White Colour, bearing no. AP 39 KX 5677, Chassis Number: MALPC813LMM228820, Engine No. D4FAMM364252 seized in Cr. No. 295/2022, on the file of S. Kota P.S., pending disposal of above Criminal Revision Case. Counsel for the Petitioner: Sri Arrabolu Sai Naveen Counsel for the Respondent No.1: The Public Prosecutor Counsel for other Respondents: None Appeared The Court made the following: r APHC010579952024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE N0.1329 OF 2024 Between: ...PETITIONER Kolli Srinivas Reddy AND ...RESPONDENT(S) The State of AP, Rep. by its PP and Others Counsel for the Petitioner: 1.ARRABOLU SAI NAVEEN Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Revision Case is preferred assailing the order dated 26.04.2023 passed in Crl.M.P.No.319 of 2023 on the file of the learned I Additional District and Sessions Judge - cum - Special Judge for Trial of Offences under the NDPS Act, Vizianagaram, in connection with Crime No.295 of 2022 of 2 S. Kota Police Station, whereby the petition filed under Section 457 Cr.P.C seeking interim custody of Hyundai Greta Car bearing Registration No.AP 39 KX 5677, was dismissed. 2. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for the State. The petitioner herein is the owner of the subject vehicle i.e., Hyundai Greta Car bearing Registration No.AP 39 KX 5677, which was seized in Crime No.295 of 2022 S. Kota Police Station, registered for the offence punishable under Section 8(c) read with 20 (b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘Act’). Thereafter, the petitioner herein, who is claiming to be the owner of the said vehicle, filed a petition in Crl.M.P.No.319 of 2023 before the trial Court seeking interim custody of the said vehicle. The trial Court dismissed the said petition on the grounds that, the vehicle that was used for carrying the narcotic drug shall be confiscated to the State ultimately if the offence is proved and that the petitioner herein has not established that he is the bona fide purchaser of the vehicle and that he did not use the vehicle for illegal purposes, as such interim custody of the vehicle cannot be given to the petitioner. 3. of X 3 Court dismissed the vehicle ex fscie used for which the trial The grounds filed for interim custody of the on 4. petition the vehicle that was erroneous. Simply because in case the offence ina the contraband is to be confiscated in of the petitioner to give interim carrying is proved, the request said vehicle cannot be im custody of the said denied or rejected on said that the vehicle would be is able to the At this stage, it cannot be ground ,abie for confiscation. It is only when the prosecution the guilt of the accused beyond ail reasonable doubt after prove completion of the confiscate the said vehicle. has to pass an order trial, then the trial Court to dispute regarding the fact that vehicle and to that extent certificate. The vehicle Prime Limited, herein is not the accused in the if the vehicle is left unused either in 5, Apart from that, there is no of the said the petitioner is the owner learned counsel has filed a registration Kotak Mahindra to also hypothecated Admittedly, the petitioner was present crime. Therefore in the premises of the Court till the trial of the Police Station or the case is completed, there is every likelihood of vehicle being damaged. 4 6. In view of the aforesaid facts and circumstances of the case, the Criminal Revision Case is allowed setting aside the impugned order of the trial Court. The trial Court is directed to give interim custody of the subject vehicle to the petitioner- (i) on his executing a self bond for the value Of the vehicle concerned with of the learned to be assessed by the Motor Vehicle Inspector two sureties for a like sum each to the satisfaction I Additional District and Sessions Judge - for Trial of Offences under the NDPS Act, Vizianagaram; (ii) on executing an undertaking by the petitioner that will not alienate the said vehicle cum - Special Judge he or transfer its ownership or change any physical changes to the vehicle- and (iii) on executing an undertaking by the petitioner would produce the vehicle that he as and when directed by the trial Court till the case is disposed of, in the trial Court. 7. As a sequel thereto, the miscellaneous any, pending in this Criminal Revision Case shall applications, if stand closed. Sd/- V. DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SE ON OFFICER To, 1. The I Additional District & Sessions Judge-^, the offences under NDPS Act, Vizianagaram The Station House Officer ‘ District. ?wn rr''°, Sai Naveen Advocate Two CC s to The Public Prosecutor Amaravati [OUT] Three CD Copies cum-designated court for ■ Vizianagaram District, b Kota Police Station, Vizianagaram 2. 3. [OPUC] High Court of Andhra Pradesh at 4. 5. SAM Cnr HIGH COURT SAM DATED:22/01/2025 ORDER 5 3 1 JAN 2025 CRLRC.No.1329 of 2024 S. . Current Section . ^ ALLOWING THIS CRLRC