APHC010524022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT CRIMINAL PETITION NO: 10224 OF 2025 Between: Shaik Syed Shavali, S/o S.Naseeb Jan, Aged about 35 years, Occ: Resident of D.No.M/76, G.K.Road, Kalakada Village, 1. Business, Kalakada Mandal, Annamayya District. Midde Syed Sher llahi, S/o M.S.Khadar Vali, Aged about 32 years, Occ: Business, Resident of D.No. 1-657, Raja Street, Kalakada Village, Kalakada Mandal, Annamayya District. 2. ...Petitioners/Owner of the Vehicles AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. 1. ...Respondent The Sub Divisional Forest Officer, Madanapalli, Annamayya District. The Inspector of Police, RSASTF (Red Sanders Anti Smuggling Task Force) Police Station, Tirupati, Tirupati District. The Authorised Officer-cum-District Forest Officer, Rajampet, Annamayya District. 2. 3. 4. ...Respondents Petition under Section 528 of BNSS R/W 457 (503) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the 4**^ respondent to grant interim custody of the vehicles Innova Car bearing No. AP09 CJ 0249 and Innova Car bearing No. AP26 AZ 5777 respectively to the petitioners which are seized in respect of Crime No.76 of 2024 on the file of Red Sanders Anti Smuggling Task Force (RSASTF), Police Station, Tirupati, Tirupati District, pending disposal of the Criminal petition before this Honourable court. Counsel for the Petitioners: Sri Vutupalli Rajanna, Advocate Counsel for the Respondents: The Public Prosecutor, High Court of A.P. The Court made the following order: f 1 % APHC010524022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10224/2025 Between: 1.SHAIK SYED SHAVALI, S/0 S.NASEEB JAN, AGED ABOUT 35 YEARS, OCC BUSINESS, RESIDENT OF D.NO.M/76, G.K.ROAD, KALAKADA VILLAGE, KALAKADA MAN DAL, ANNAMAYYA DISTRICT. 2.MIDDE SYED SHER ILAHI, S/0 M.S.KHADAR VALI, AGED ABOUT 32 YEARS, OCC BUSINESS, RESIDENT OF D.NO. 1-657, RAJA STREET, KALAKADA VILLAGE, KALAKADA MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC HIGH COURT OF ANDHRA PRADESH AT PROSECUTOR, AMARAVATHI. .. RESPONDENT. 2.THE SUB DIVISIONAL FOREST OFFICER, MADANAPALLI, ANNAMAYYA DISTRICT. 3.THE INSPECTOR OF POLICE, RSASTF (RED SANDERS ANTI POLICE STATION, TIRUPATI, SMUGGLING TASK FORCE) TIRUPATI DISTRICT. 4.THE AUTHORISED OFFICER CUM DISTRICT FOREST OFFICER, RAJAMPET, ANNAMAYYA DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1.VUTUPALLI RAJ ANN A Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER; The instant Criminal Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 457 of the Code of Criminal Procedure, 1973 has been filed, by the Petitioners, seeking to direct Respondent No.4 to grant interim custody of Innova Cars bearing Nos.AP 09 CJ 0249 and AP 26 AZ 5777, which were seized in Crime No.76 of 2024 on the file of Red Sanders Anti Smuggling Task Force Police Station, Tirupati. Heard Sri Vutupalli Rajanna, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the State/Respondents. 2. 3. It is submitted by the learned counsel for the Petitioner and acceded to by the learned Additional Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the Order passed by a Coordinate Bench of this Court vide Criminal Petition No.5470 of 2023, dated 05.09.2023. 4. Considering the submissions made, following the said Order passed by a Coordinate Bench of this Court in Criminal Petition No.5470 of 2023, dated 05.09.2023 and taking into consideration of the facts and circumstances of the case, this Court is inclined to allow the present petition. 5. In the result. Criminal Petition is allowed. The subject vehicles i.e.. Innova Cars bearing Nos.AP 09 CJ 0249 and AP 26 AZ 5777 which were seized in connection with Crime No.76 of 2024 on the file of Red Sanders Anti Smuggling Task Force Police Station, Tirupati, are ordered to be given to the Petitioners for interim custody- (a) on their producing the original R.C. and executing self bond each for the value of the subject vehicles to be assessed by the Motor Vehicle Inspector each, to the satisfaction of the with two sureties each for the like sum jurisdictional Magistrate concerned; (b) on their executing an undertaking that they would not alienate the said vehicles or transfer their ownership or change any physical features of the vehicles; and (c) on their executing an undertaking that they would produce the vehicles as and when directed by the trial Court till the case is disposed of, in the trial Court. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Red Sanders Anti Smuggling Task Force 1. The Station House Officer (RSASTF), Police Station, Tirupati, Tirupati District 2. One CC to Sri Vutupalli Rajanna, Advocate [OPUC] to the Public Prosecutor, High Court of A.P. [OUT] 3. TwoCC’s 4. Three CD Copies GPC sree HIGH COURT DATED: 25/09/2025 ORDER CRLP NO. 10224 OF 2025 M 2 3 SEP 2025 )% y Co rrentSectiott.xC'^ ALLOWING THIS CRIMINAL PETITION