APHC010565962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10987/2025 Between: 1. PUPPALA RAJESH, S/O. VENKATESWARA RAO AGE 46 YEARS R/O D.NO 74-6/3-7B, VELAGAPUDI SATYANARAYAN STREET AYYAPA NAGAR VIJAYAWADA NTR DISTRICT. OWNER OF SEIZED VEHICLE REGISTRATION NUMBER AP39VD4654. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor High Court of Andhra Pradesh at Amaravti Through S.H.O Krishnalanka Police Station NTR District. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased direct the respondent to grant Interim Custody and release the Vehicle bearing No. AP 39 VD 4654 (Goods Carriage - LMV) to the petitioner which was seized in connection with Crime No.179 of 2025, dated 08.10.2025 on the file of Krishnalanka Police Station, Vijayawada NTR District. Counsel for the Petitioner/accused: 1. MARELLA RADHA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10987/2025 ORDER: This Criminal Petition, under Section 528 r/w 503 of B.N.S.S., has been filed by the petitioner herein seeking to direct the respondent to release the vehicle bearing No.AP 39 VD 4654 (Goods Carriage – LMV) in connection to Crime No.179 of 2025 dated 08.10.2025 of Krishnalanka Police Station, Vijayawada NTR District, registered for the offence punishable under Section 318(4) of BNS and Section 7(1) of the Essential Commodities Act, 1955. 2. Heard Sri Marella Radha, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State/respondent. 3. Learned counsel for the petitioner would submit that the petitioner is the registered owner of the subject vehicle and that if the vehicle is exposed to sun and air, it gets damaged. It is his further submission that the petitioner is ready to abide by the conditions that may be imposed by this Court, if the vehicle is ordered for interim custody. He placed reliance on the decision of the Hon’ble Supreme Court of India in Sunderbhai Ambalal Desai v. State of Gunjarat. 1 4. Learned Assistant Public Prosecutor opposed the petition stating that investigation is pending. 1 AIR 2003 SC 638 3 5. The offence alleged is punishable under Section 318(4) of BNS and 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, the petitioner is the owner of the subject vehicle. 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 petitioner, however, by imposing certain conditions. 6. In the result, the Criminal Petition is allowed. However, the subject vehicle bearing No.AP 39 VD 4654 (Goods Carriage – LMV) in connection to Crime No.179 of 2025 dated 08.10.2025 of Krishnalanka Police Station, Vijayawada NTR District, is ordered to be given to the interim custody of the petitioner on the following conditions; (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 sum 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 (c) on his executing an undertaking that he would produce the vehicle as and when directed by the trial court till the case is disposed of, in the trial court. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 24.10.2025 ARB 5 THE HON’BLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.10987 OF 2025 Dated : 24.10.2025 ARB