APHC010082932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 218/2025 Between: Ganesh Shukla @ Ganesh Mishra ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G SRI HARSHA Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 JUDGMENT: This Criminal Revision Case has been filed under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the order dated 13-09-2024 in Criminal M.P.No. 374 of 2024 in Crime No. 10 of 2024 of S.E.B., Eluru, on the file of the Court of learned Special Judge under NDPS Act – cum – I Additional District and Sessions Judge, West Godavari at Eluru (for short, 'the trial Court'). 2. In the impugned order, the learned trial Court directed the petitioner to execute a personal bond for a sum of Rs.5,00,000/- with bank guarantee to be submitted at the time of release of the subject vehicle i.e. Maruti Suzuki Ertiga Car bearing registration No. MP 07 CH 9277. 3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. 4. Learned counsel for the petitioner submits that the amount ordered by the learned trial Court is highly exorbitant and not proportionate to the value of the vehicle and therefore urged to scale down it to a reasonable amount. 5. Learned counsel for the petitioner has filed a certificate cum policy schedule of the vehicle in question, wherein the value of the 3 subject vehicle is mentioned as Rs.5,36,826/- and the vehicle is of the year 2020. The vehicle was allegedly indulged in transportation of Ganja. The Hon’ble Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat1, gave certain guidelines regarding the granting of temporary custody of property to claimants, wherein it held at paragraph Nos.7 and 17 as under: “7. In our view, the powers under Section 451 CrPC should be exercised expeditiously and judiciously. It would serve various purposes, namely: 1. owner of the article would not suffer because of its remaining unused or by its misappropriation; 2. court or the police would not be required to keep the article in safe custody; 3. if the proper panchnama before handing over possession of the article is prepared, that can be used in evidence instead of its production before the court during the trial. If necessary, evidence could also be recorded describing the nature of the property in detail; and 4. this jurisdiction of the court to record evidence should be exercised promptly so that there may not be further chance of tampering with the articles. 17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.” 1 (2002) 10 SCC 283 4 6. Considering the value of the vehicle at present and the value of the bank guarantee directed to be submitted by the learned trial Court, this Court feels that the amount ordered in kind of personal bond with bank guarantee by the learned trial Court is not proportionate to the value of the vehicle. If Rs.2,00,000/- is ordered as personal bond and also with a bank guarantee, it would have met the ends of justice. 7. Therefore, the order dated 13-09-2024 in Criminal M.P.No. 374 of 2024 in Crime No. 10 of 2024 of S.E.B., Eluru, on the file of the Court of learned Special Judge under NDPS Act – cum – I Additional District and Sessions Judge, West Godavari at Eluru, is modified. The vehicle i.e. Maruti Suzuki Ertiga bearing registration No. MP 07 CH 9277 shall be given to the interim custody of the petitioner-owner of the property on his executing a bond for Rs.2,00,000/- (Rupees two lakhs only) with bank guarantee. The rest of the conditions made by the trial Court shall hold good. 8. The criminal revision case is disposed of accordingly. Pending miscellaneous applications, if any, shall stand disposed of in consequence. _______________________ Date: 22-08-2025, Dr. Y.LAKSHMANA RAO, J. JSK 5 HON'BLE Dr. JUSTICE Y.LAKSHMANA RAO CRIMINAL REVISION CASE No. 218 OF 2025 DATE: 22ND AUGUST, 2025 JSK