Naga Sankar Rao Uppu, v. The State of Andhra Pradesh,
CRLP/2118/2025 · 2025-03-03
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9018 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9018 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2118 OF 2025 Between: Naga Sankar Rao Uppu,, S/o. Ramarao, aged about 41 years, R/o. D. No. 11-2-24, Asapu Veedi, Old Bus Stand, Vizianagaram. ...PETITIONER/ACCUSED(S) AND The State of Andhra Pradesh,, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...RESPONDENT/COMPLAINANTS Petition under Section 528 of BNSS R/w Section 457 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to relax the condition imposed by the Court of Metropolitan Sessions Judge-Cum-I Additional District & Sessions Judge-Special Judge for Trail of Offenses Under NDPS Act, Visakhapatnam, while releasing the Vehicle i.e., Tata Tiago XZ+ 1.2 RTN BS6 bearing No. AP 39 LR 2738, has imposed a condition that the Petitioner have to execute a self-bond for Rs.5,00,000/- with one surety for like sum each to the satisfaction of the Court of the II Additional Chief Judicial Magistrate, Visakhapatnam, vide
order dated 18.12.2024 in CrI.M.P. No. 959 of 2024 in FIR vide Cr. No. 173 of 2024, on the file of the Gopalapatnam Police Station
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K KEDHARNATH CHOWDARY .Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following ORDER :
APHC010098872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2118 OF 2025 Between: ...PETITIONER/ACCUSED Naga Sankar Rao Uppu AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused:
1.K KEDHARNATH CHOWDARY Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following order:
1. The petitioner is filed seeking relaxation of the condition imposed by the Metropolitan Sessions Judge-cum-l Additional District & Sessions Judge-cum-Special Judge for the Trial of cases under the N.D.P.S. Act, Visakhapatnam, by an
order dated 18.12.2024, in CrI.M.P. No.959 of 2024.
2. The learned counsel for the petitioner submits that the belonging to the petitioner was seized by the Station House Officer, Gopalapatnam police Station, in car
-2- CRLP. No.2118 of 2025 w Crime No. 173 of
2024. submits that the vehicle belonging to the petitioner was misused by the accused and as such, filed an application for interim custody of the same.
3. The learned Sessions Judge vide
order dated 18.12.2024 granted interim custody of the car bearing No. AP 39 LR 2738 to the petitioner subject to the condition that the petitioner shall furnish a bank guarantee for Rs.5,00,000/-, apart from imposing the other conditions. It is submitted by the learned counsel for the petitioner that the value of the vehicle would be around 5 to 6 lakhs, furnishing bank guarantee of Rs.5,00,000/- is onerous condition.
4. Considering the same, this Court is inclined to modify the order passed by the learned Sessions Judge-cum-l Additional District & Sessions Judge, Visakhapatnam, in CrI. M.P. No.959 of 2024 in F.I.R. No.173 of 2024 of Gopalapatnam Police Station to the extent of furnishing bank guarantee for an amount of Rs.50,000/-. The rest of the condition as imposed by the learned Sessions Judge shall stand upheld.
5. Accordingly, the criminal petition is disposed off. The
learned counsel also
6. Miscellaneous petitions, if any, pending in this criminal SD/- K.SRINIVASA RAJU ASSISTANT REGISTRAR petition shall stand closed.
//TRUE COPY// SECTION OFFICER To,
1. The Metropolitan Sessions Judge-cum-l Additional District and Sessions Judge-Special Judge for Trial of Offences under Visakhapatnam.
NDPS Act,
V \
2. The II Additional Chief Judicial Magistrate, Visakhapatnam. The Station House Officer, Gopalapatnam Police Station, Visakhapatnam Commissionerate.
3. One CC to SRI. K KEDHARNATH CHOWDARY Advocate [OPUC]
4. Two CC’s to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati. [OUT]
5. Three CD Copies RDB
6. TAC 5
high court DATED:03/03/2025
ORDER CRLP.No.2118 of 2025 X 18 MAR 2025 ^ . Current Section a THE CRIMINAL PETITION IS DISPOSED OF