IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl # r/ THURSDAY, THE FIRST DAY OF MAY, TWO THOUSAND AND TWENTY FIVE giv :PRESENT: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PI CRIMINAL PETITION NO: 4273 OF2025 # Between.I Kali Prasad Patra, S/o Gangadhar Patra, R/o Surya MahaI, Jeypore, Jeypore (K), Koraput, Odisha -764001. . . .petitioner/3rd Party/Owner of the vehicle AND `,. /_ The State.: Station House Officer, lV Town P.S., Visakhapatnam City, Rep. by Public Prosecutor, High Court of Andhra Pradesh At Amaravatl-. ..Respondent # Petition under Section 439(1 )(b) of Cr.P.C and Sec{l'on 483(1 )(b) of BNSS, Act, is filed praying that in the circumstances stated in the grounds filed in support of the criminal petition, the High Court may be pleased to modify the order passed by the learned Metropolitan Sessions Judge-Gum-I AddI. District & Sessions Judge - Special Judge ~+ for Trial of Offences under,,NDPS Act, Visakhapatnam in Crl.M.P-No- `417/2024 in Cr. No. 62/2024 dated 08.10.2024 by considering the situation of the petitioner/3rd Party/Owner as l{the petitioner shall execute a bond for Rs.50,000/-(Rupees Fifty Thousand only) with one surety for zri-* w like sum {o the satisfaction of the I Additional Chief Judicial Magistrate, Visakhapatnam" instead of llthe Petitioner to execute a bond for Rs| 8,00,000/-(Rupees Eight Lakhs`Only) with one surety for like sum tO the satisfaction of learned I Additional Chief Judicial Magistrate, visakhapatnam and further directed the petitioner to furnish bank guarantee for Rs. 8,00,000/-" and permit the Petitioner/3rd Party/Owner to deposit the surety amount of Rs.50,000/-without any bank guarantee. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Venkata Durga Rao Anantha, Advocate for the Petitioner and Of Public Prosecutor for Respondent, the Court made the following FZPnPFTxp7 / APHCO10203192025 r/ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4273/2025 Between : Kali Prasad Patra, ...PETITIONER/ACCUSED AND The State Station House Officer .|lRESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.VENKATA DURGA RAO ANANTHA Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: This Criminal Petition has been filed against the order, dated 08.10.2024, passed in Crl.M.P.No.417/2024 on the file of the learned I Additional District and Sessions Judge-Gum-Special Judge for trial of Offences under the Narcotic Drugs and Psychotropic Substances Act, Visakhapatnam to the extent of imposing conditions directing the petitioner herein to execute a bond for Rs.8,00,000/- with one surety for like sum and also furnish bank guarantee for an amount of Rs.8,00,000/- ``` r\ \t? iiiiiEE for release of Toyota EtioJ's car bearing registration No.OD 10 N 0506 towards interim custody. 2. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for the State. Perused the material on record. 3. The petitioner herein is owner of the subject vehicle, which was seized in Crime No.62/2024 of IV Town police station, Visakhapatnam City. Thereafter, the petitioner, who is claiming the said vehicle, filed a petition in Crl.M.P.No.417/2024 before the learned Special Judge seeking interim custody of the said vehicle. The learned Special Judge, by an order dated 08.10.2024, allowed the said petition on the following conditions. llln the result, petition is allowed. The petitioner shall execute a bond for Rs.8 Iakhs with one surety for like sum to the satisfaction of I Additional Chief Judicial Magistrate, Visakhapatnam. The petitioner shall furnish bank guarantee for Rs.8 lakhs. 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 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 from all angles for the purpose of future identification of the vehicle. 4. Aggrieved by the conditions imposed by the learned Special Judge to the extent of directing the petit]-oner herein to execute a bond for Rs.8 lakhs with one surety for a like sum and to furnish a bank guarantee for an amount of Rs.8 lakhs the present Criminal Petition is filed. .7, I- 5. Learned counsel for the petitioner submits that the petitioner belongs to a poor family and is not earning anything to support himself. He is entirely dependent on the earnings of his fam'Ily for his maintenance. He submits that the learned Special Judge, erred in directing the Petitioner to execute bond for Rs.8 lakhs and furnish bank guarantee Of Rs.8 lakhs, which is onerous, and hence, he prayed to modify the said condition. 6. Considering the difficulties pointed out by the learned COunSel for the petitioner, the petitioner herein shall execute a bond for Rs.8,00,000/- (Rupees eight lakhs only) with one local surety for like sum to the satisfaction of the learned I Additional Chief Judicial Magistrate, visakhapatnam. The second condition imposed by the learned Special Judge in the order dated 08.10.2O24 passed in Crl.M.P.No,417/2024 to the extent of directing the petitioner herein to furnish bank guarantee for an amount of Rs.8,00,OOO/-(Rupees e'lght lakhs only) is hereby set aside. The rest of the conditions imposed by the learned Special Judge shall remain unaltered. 7. With the above said modifications, the Criminal Petition is allowed. As a sequel thereto, the miscellaneous applications, if any, Pending in this Criminal Petition shall stand closed. SDI- M ASSIS //TRUE COPY// eiSTRAR RAG i •++ + + + + t| To, // 1. The Metropolitan Sessions Judge-Gum-I Additional District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, ff# VI'SakhaPatnam. 2. The I Additional Chief Judicial Magl'strate, Visakhapatnam. + 3. The Station House Officer, lV Town PolI'Ce Station, Visakhapatnam city. # 4. One CC to SriVenkata Durga RaoAnantha,Advocate [OPUC] ctFap 5. Two cos toPUBLIC PROSECUTOR, High Court of A.P., #of Amaravati. [OUT] 6. One spare copy. PSD HIGH COURT DATED..01 /05/2025 ORDER CRLP.No.4273 of 2025 ALLOWED +€--*=j-i I + zEfffffS_. '{Gae i;;ii A 5 lEL\±RE% :>r*_ ftyJit tico;r*F.r` a-.+I-.3 . . . .T*ieife*`*.-`*T*.`=' ~ i., + -.+.= I-,'.I ..-/I