IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 87 OF 2025 Revision filed under Section 397 & 401 of CrPC, aggrieved by order dated 17.12.2024 CrI. M.P No 952 of 2024 in Crime No. 281 Of 2021 In the Court of Metropolitan Sessions Judge -cum- I Additional District & Sessions Judge-Special Judge for Trial of offences Under NDPS Act: Visakhapatnam. Between; Bhasheer M H, S/o Hameed, 53 years, Transport business, owner of the vehicle bearing Reg. No KL41 Q2651, R/o Meenthrackal, Nochima, NAD Post, Aluva, Ernakulam. ...Petitioner/3'^‘‘ Party/Owner of the vehicle AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. 2. Subair A A, S/o Abdul Azeez, Aged about 49 years. Business, R/o ambalakulath, Perumbavoor, Mudickal, Marampalii, Ernakulam., Tamarasilli Mahesh @ chilli, S/o lakshmanarao. Aged about 25 years, R/o Koppaka Kothuru village, Kailasagiri Colony, Anakapalli District. 3. 4. Sudharsan Devarajan, S/o Devarajan, Aged about 25 years, H.No.8/33' Vinayar Kovil Street, B.k Pudur, Kuniyamuthur, Coimbatore District, Tamil Nadu. 5. Duvanboyina Nagaseshu, S/o Gamminaidu, Aged about 23years Bennabhoopalapatnam Village, rolugunta, Visakhapatnam. 6. The Branch Manager, Mahindra & Mahindra Financial Service, Aluva Ernakulam. Kerala. ...Respondents Counsel for the Petitioner: Sri K K Komalan Counsel for the Respondent No.1: Public Prosecutor Counsel for the Respondents: None Appeared The Court made the following: APHC010035222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 87/2025 [3327] r Between: Bhasheer M H ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1. K K KOMALAN Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following Order: This Criminal Revision Case has been filed against the order, dated 17.12.2024, passed in Crl.M.P.No.952 of 2024 on the file of the learned Metropolitan Sessions Judge-cum-l 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.4,00,000/- and also furnish bank guarantee for an amount of Rs.4,00,000/- for release of Ashok Leyland Goods Carrier Vehicle bearing registration No.KL 41 Q 2651 towards interim custody. rt? tF ’C 2 Heard learned counsel for the petitioner and the learned 2. Assistant Public Prosecutor for the State. The petitioner herein is owner of the subject vehicle, 3. which was seized during course of investigation in Crime No.281 of 2021 of Payakaraopeta Police Station, Visakhapatnam District, registered for the offences punishable under Sections 20(b)(ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). Thereafter, the petitioner, who is claiming to be the owner of the said vehicle, filed a petition in Crl.M.P.No.952 of 2024 before the learned Special Judge seeking interim custody of the said vehicle. The learned Sessions Judge, by an order dated 17.12.2024, allowed the said petition on the following conditions. “In the result, the petition is allowed. The petitioner shall execute a bond for Rs.4,00,000/- (Rupees Four Lakhs only) with one surety for like sum to the satisfaction of Additional Judicial First The petitioner Class Magistrate, Yelamanchili. shall furnish bank guarantee for Rs.4,00,000/-. The petitioner shall produce the vehicle before this Court as and when he is directed during the trial and also during confiscation proceedings, if any such proceedings are initiated. The petitioner shall 3 not alienate the vehicle or change its nature and character or physical features during the pendency of the case. The vehicle shall not be used for the commission of any offence. The Investigating Officer shall take the photographs of the vehicle all angles for the purpose of future identification of the vehicle.” from 4. Aggrieved by the conditions imposed by the learned Special Judge to the extent of directing the petitioner herein to bond for Rs.4,00,000/- with one surety for a like sum and to furnish a bank guarantee for an amount of Rs.4,00,000/-, the present Criminal Revision Case is filed. Learned counsel appearing on behalf of the petitioner execute a 5. submits that the learned Special Judge, erred in directing the bond for Rs.4,00,000/- and furnish bank onerous, and hence, he petitioner to execute a guarantee of Rs.4,00,000/-, which is prayed to modify the conditions imposed by the learned Special Judge. of the aforesaid facts and circumstances of the second condition imposed by the learned Special dated 17.12.2024, passed in Crl.MP No.952 6. In view case, the Judge in the order of 2024, to the extent of directing the petitioner herein to furnish 4 bank guarantee for an amount of Rs.4,00,000/- is hereby set aside. The rest of the conditions imposed by the learned Special Judge shall remain unaltered. With the above said modification, the Criminal Revision 7. Case is disposed of. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Revision Case shall stand closed. Sd/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Metropolitan Sessions Judge -cum- I Additional District & Sessions Judge-Special Judge for Trial of offences Under NDPS Act: Visakhapatnam, Visakhapatnam District. 2. The Station House Officer, Prakakraopeta Police Station, Visakhapatnam District. 3. One CC to Sri K K Komalan, Advocate [OPUC] 4. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. Three CD Copies SAM sree .#■ e HIGH COURT DATED:28/01/2025 ORDER CRLRC.No.87 of 2025 ANDH^ 2 1 MAR 2025 far o ..V . Current Section ^ DISPOSING OF THE CRLRC