APHC010097512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI •I MONDAY,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2419 OF 2025 Between: 1. Maddipogula Madhu, S/o. Maddipogula Ramanjaneyulu, Aged 44 years R/o. D.No. 1-105, SC Colony, Devanabanda, Pathikonda Devanabanda, Kurnool District. (Owner of Vehicle No AP 39 TP 7550) 2. Yerukula Hanumesh, S/o. Y. Ramesh, Aged 40 years, R/o. D.N0.21/1/153-A, MG Nagar, Adoni, Adoni, Kurnool District. (Owner of Vehicle No AP 39 TB 3989) ...Petitioners AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. Through the Station House Officer, Aspari Police Station, Kurnool District. ...Respondent Petition under Section 482 R/w 457 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the respondents to release the Vehicles bearing No; AP 39 TP 7550 and AP 39 TB 3989 which were seized on 10.11.2024 in connection to Crime No. 168/2024 was registered by the SHO, Aspari Police Station, Kurnool District. Counsel for the Petitioners: SRI SRAVAN KUMAR NAIDANA Counsel for the Respondent: Assistant Public Prosecutor The Court made the following order: APHC010097512025 0*‘0 COURT OF ANDHRA PRADESH il- ATAMARAVATI ^ (Special Original Jurisdiction) MONDAY,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2419/707.^ [3457] 0 Between: Maddipogula Madhu and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S)- 1.SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant- 1. PUBLIC PROSECUTOR HN, J Crl.P.No.2419 2025 2 The Court made the following Order: This Criminal Petition, under Section 482 read with 457 1. Cr.P.C., has been filed by the petitioners herein seeking to direct the respondent to release the vehicles bearing Nos. AP 39 TP 7550 and AP 39 TB 3989 which was seized in connection with Crime No.168 of 2024, of Aspari Police Station, Kurnool District, registered for the offence punishable under Sections 318(4) read with Section 3(5) of the BNS, and Section 7(1) of the Essential Commodities Act. Heard the learned counsel for the petitioners and the learned 2. Assistant Public Prosecutor appearing for the respondent/State. The learned counsel for the petitioners submitted that the 3. petitioners are registered owners of the subject vehicles and that if the vehicles are exposed to sun and air, it gets damaged. It is his further submission that the petitioners are ready to abide by the conditions that may be imposed by this Court, if the vehicles are ordered for interim custody. He played reliance on the decision of the Hon’ble Supreme Court in India in Sunderbhai Ambalal Desai v. State of Gujarati The learned Assistant Public Prosecutor opposed the 4. petitioners stating that investigation is pending. air 2003 sc 638 HN, J Crl.P.No.2419 2025 3 5. The offence alleged is punishable under Section 7(1) of the Essential Commodities Act, 1955. Truth or otherwise of the allegations has to be decided during the course of investigation and trial. Admittedly, petitioners herein are the owners of the subject vehicles. If the vehicle is exposed to sun or air keeping in police station or court premises, unused, there is every possibility of the same getting damaged. Therefore, in the interest of justice, the vehicle can be ordered to be given for the interim custody of the petitioners, however, by imposing certain conditions. 6. In the result. Criminal Petition is allowed, bearing Nos. AP 39 TP 7550 and AP 39 TB 3989 which The vehicles were seized in connection with Crime No. 168 of 2024, of Aspari Police Station, Kurnool District, are ordered to be given to the interim custody of the petitioners. a. On his producing the Original R.C and executing a self bond for the value of the subject vehicle to be assessed by the Motor vehicle Inspector, with two sureties for the like each, to the satisfaction of the jurisdictional Magistrate concerned; b. On his executing an undertaking that he would not alienate the said vehicle or transfer its ownership or change any physical features of the vehicle; and sum HN,J Crl.P.No.24I9 2025 4 C. On his executing an undertaking that he vehicle as and when directed disposed of, in the triai Court. As a sequel, pending miscellaneous petitions, if Stand closed. would produce the by the trial Court till the case is any, shall Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Aspari Police Station, Kurnool District. 2. One CC to Sri. Sravan Kumar Naidana Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 4. Two CD Copies Stu vna HIGH COURT DATED: 10/03/2025 ORDER CRLP NO. 2419 OF 2025 ^ . Currtnl beenoB S£og8l»ATCW^ ALLOWING THE CRIMINAL PETITION