\`.\\ IN THE HIGH COURT OF ANDHRA PRADESH AT L= FRIDAY, THE THIRTY FIRST DAY OF JANI TWO THOUSAND AND TWENTY FIVE .-PRESENT.I t*\``S THE HONOURABLE SRI JUSTICE K SREENIVASA RED CRIMINAL PETITION NO: 655 OF 2025 r- Between : pangj syam Ganesh, s/o.Gangadhar, Aged 27 years, Medical shop, D.No.1-28, Pangi street, Araku Valley Village and Mandal, N/a.Lotheru vl|IIage and panchayat, Araku valley Mandal, ASR DI'StrjCt. I..petl-tioner/A-1/Owner of the vehicle , AND The state ofAP, Rep. By I'tS Public Prosecutor, Hl'gh court ofA.P., Amaravati, Through s.H.O, Araku valley Police station. ...Respondent ~ petition under section 482 I/w Section 440(2) of cr.p.c (old Act) under section 528 I/w section 484(2) of BNSS, 2023 l's filed praying that in the circumstances stated in memorandum of grounds of criminal petjtjon, the High court may be pleased to modify the common order dated.'o8.01.2025 passed l'n CRL.M.P.No.845/2024 in Crime No.17 of 2024 (Araku valley Police station) on the file of I Additl-onal DI-Stn'Ct & sessl'ons Judge-Gum-special Judge for Trial of offences under NDPS Act Visakhapatnam by reducing surety amount i.e., bank guarantee of Rs.10,00,000/-to a personal bond of Rs.5,000/-,I ~ The petition coming on for hearl'ng, upon perusI'ng the PetI'tI'On and memorandum of grounds of crimI'nal petI'tiOn and upon hearing the arguments of sri Kottj sI'Va, Advocate for the petitioner and public Prosecutor for the Respondent,I , APHCO10031412025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3327] FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 655/2025 Betwee n : Pangi Syam Ganesh ...PETITIONER/ACCUSED AND The State Of Ap ...RESPONDENT/COMPLAINANT Counsel for the PetitioneI'/accused: 1. KOTTI SIVA Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following Order: This Criminal Petition has been filed against the order, dated 08.01.2025, passed in Cri.M.P.No.845 of 2024 on the file of the learned I Additional District and Sessions Judge-cum- Special Judge for trial of Offences under the Narcotic Drugs and Psychotropic Substances Act, 1985, VIsakhapatnam to the extent of imposing conditions directing the petitioner herein to execute a bond for Rs.10,00,000/- and also furnish bank guarantee for an amount of Rs.10,00,000/-for release of Maruthi Swift Car bearing registration No.AP 40 AH 0994 towards interim custody. tzzzE5f# 2 2 Heard learn:d counsel fo"he petltIOner and the learned AssJ'Stant PubII'C Prosecutor for the state 3 The pet,t,oner hereln JS owner of the sudyect vehICIe, wh,ch was seJZed ln Cr,me No 17 of 2024 of Araku va''ey po'lce slat,on durJng the course of ,nvestlgat,on Thereafter, the petJtI'Oner, who ls c'almlng to be the owner of the sald vehlcle, fi`:epdec:aI PJ:::i:Dan.I^n:r_I M P No 845 of 2024 -:e:::e®td:ae :eeah:nCIeed sepa:nc:a: Jsundogr:1:e:kJ:g lnterlm custody oHh:-:va\IdE ::ehI:Ieear=hCe learned spec,al Judge, by an order dated o8 012025, a['owed the sal'd petl'tl'on on the followlng cond,'t,'ons «In the result, the petl'tl'on l's allowed The petl'tjoner sha" execute a bond for Rs.10,00,000/- (Rupees Ten Lakhs only) with one surety for ll'ke sum to the sat,sfact,on of Judjcl'a' Fl'rst class #as:rtaetee I f£rraDk^u -A ^Th^e_?etitio::r-:-=aa;I flu :rnSitshCblaa:<`k guarantee for Rs.10,00,000/-. The petltl'Oner sha" produce the veh,'cle before th,'s court as and when he ,'s dJrected durl'ng the tr,'al and also durl-ng conflscatI'On proceedl'ngs, I'f any such proceedI'ngs ::ehi::::ia:era ::= _ p=titioner s;aI-I -:;i V:I=euncaetuelnt=: vehl'cle or change l'ts nature and character or physlcal features durlng the pendency of the case ::ve ov=::c:ea sThLa: r_Ot be use: ;or-i-hl=vcyou=:\lses:oanSeof any offence. The lnvestjgat,-ng officer sha" take the ---si*3=<- ``iii=ha.-_`ng_q5ggr_ngBREEEERE r, 3 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." 4. Aggrieved by the conditions imposed by the learned Special Judge to the extent of directing the petitioner herein to execute a bond for Rs.10,00,000/-with one surety for a ll-ke sum and to furnish a bank guarantee for an amount of Rs.10,00,000/-, the present Criminal Petition is filed. 5. Learned counsel appearing on behalf of the petitioner submits that the learned Special Judge, erred in directing the petitioner to execute a bond for Rs.10,00,000/-and furnish bank guarantee of Rs.10,00,000/-, which is onerous, and hence, he Prayed tO modify the Said condition. 6. ln view of the aforesaid facts and circumstances of the case, the second condition imposed by the learned Special Judge in the order, dated o8.01.2025, passed in Crl.MP No.845 of 2024, to the extent of directing the petitioner herein to furnish 4 bank guarantee for an amount of Rs,10,00,000/-I-s hereby set aside. The rest Of the conditions imposed by the learned special Judge ShaH remain unaltered. ith the above said modification, the Criminal Petitl'on is sequel thereto, the mI'SCellaneOuS applications, if jn this criminal petition shall stand closed. SD/- V.SAVITJ± ASSISTANT R RI GOWRI TRAR / / //TRUE COPY// SECTION OFFICER For To, 1, The I Additional Distrl-ct & Sessions Judge-Gum-Special Judge for Trial of Offences Under NDPS Act, Visakhapatnam. 2. The Station House Officer, Araku Valley Police Station. 3. One CC to Sri. Kotti Siva, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court ofAP [OUT] 5. One spare copy MM /9 // / c HIGH COURT SRK,J DATED:31/01/2025 ORDER CRLP.No.655 of 2025 ALLOWED r,i#j£#;grff;gffigng ;:-€iii - 6 FEB 2025 i.i;:.!! -I/. .-^TT|.I/`' #l,i..i,i,l!. / *.,{:;:: I D-