APHC010591192024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 1351/2024 Between: Shaik Imran Khalid ...PETITIONER AND The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner: 1. BHOOMA MAHARSHI REDDY Counsel for the Respondent: 1. PUBLIC PROSECUTOR The Court made the following Order: This Criminal Revision Case has been filed against the order, dated 10.01.2024, passed in Crl.M.P.No.3247 of 2023 on the file of the learned I Additional Sessions Judge, East Godavari at Rajamahendravaram to the extent of imposing condition directing the petitioner herein to execute a bond for Rs.1,40,000/- with one surety for a like sum, besides directing to furnish bank guarantee for an amount of Rs.1,40,000/- for release of Yamaha-R15 motor cycle bearing No.AP39 KQ 0758 towards interim custody. 2. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent/State. 2 3. It is stated that the petitioner herein/A-5 is owner of the subject vehicle, which was seized in Crime No.43 of 2023 of Rampachodavaram Police Station, registered for the offence punishable under Section 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short „the NDPS Act‟). The Investigating Officer seized the vehicle during the course of investigation. Thereafter, the petitioner/A-5, who is claiming to be the owner of the said vehicle, filed a petition in Crl.M.P.No.3247 of 2023 before the learned Sessions Judge seeking interim custody of the said vehicle. The learned Sessions Judge, by an order dated 10.01.2024, allowed the said petition, inter alia, on the following condition. “1) The petitioner shall execute a bond for Rs.1,40,000/- (Rupees one Lakh forty thousand only) with one surety for a like sum, besides that, the petitioner being the accused No.5 shall furnish bank guarantee for an amount of Rs.1,40,000/-” Aggrieved by the said condition imposed by the learned Sessions Judge to the extent of directing the petitioner herein to execute a bond for Rs.1,40,000/- with one surety for a like sum and to furnish a bank guarantee for an amount of Rs.1,40,000/-, the present Criminal Revision Case is filed. 3 4. It is submitted by the learned counsel for the petitioner that the condition of directing the petitioner to furnish Bank Guarantee for Rs.1,40,000/- for release of the vehicle for interim custody, is onerous, and though the learned Sessions Judge passed the order on 10.01.2024, the petitioner could not avail benefit of the said order, and hence, he prays to modify the said order. 5. In view of the aforesaid facts and circumstances of the case, the first condition imposed by the learned Sessions Judge in the order, dated 10.01.2024, passed in Crl.MP No.3247 of 2023 is modified to the extent that the petitioner shall execute a bond of Rs.1,40,000/- with one surety for a like sum, and the condition to furnish bank guarantee for an amount of Rs.1,40,000/- is hereby set aside. The other the conditions imposed by the learned Sessions Judge shall remain unaltered. 6. With the above said modification, the Criminal Revision Case is disposed of. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Revision Case shall stand closed. _______________________ K. SREENIVASA REDDY, J Date:08.01.2025 Asr 4 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Revision Case No.1351 of 2024 Date:08.01.2025 Asr