APHC010001372026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 41/2026 Between: 1. KAMESH BIRANSHINGH BAGHEL, S/O BIRAN SINGH BAGEL AGE 38 YEARSC/VJN, TAKUR,R/O.361/A/4A,RAMESWARI ROAD,TRISHRAN CHOWK,NEAR AMBEDKAR STATUE,PARVATHI NAGAR, NAGAPUR, MAHARASHTRA STATE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, Rep.By its Public Prosecutor,High Court of A.P., Amaravati,Through Station House Officer,Mothugudem Police Station,East Godavari District. ...RESPONDENT Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to set aside the order dated 7.11.2025 passed in CrI.M.P. 1463 OF 2024 in Crime. No. 53 of 2022 on the file of Hon'ble I Additional Sessions judge,East Godavari, At Rajamahendravaram, and be please to pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent: 1. PUBLIC PROSECUTOR 2 The Court made the following: ORDER: This instant Criminal Revision Case is filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the Petitioner/A.4 aggrieved by the Order dated 07.11.2025 passed in Crl.M.P.No.1463 of 2024 by the Learned I Additional Sessions Judge, East Godavari District, Rajamahendravaram. Heard learned counsel for the Petitioner and learned Assistant Public Prosecutor for respondent State. Perused the material on record. Learned counsel for the Petitioner would submit that Petitioner/A.4 is the owner of the subject vehicle i.e., Vehicle Goods Carrier (HGV) Van bearing No.MH 49 at 5359 Model No.2019, which is supported by original registration certificate and insurance policy of the vehicle. On the allegation that the Accused were transporting Ganja on the subject vehicle, the vehicle was seized and a case is registered against the Accused vide Crime No.53 of 2022 of Mothugudem Police Station, Alluri Sitharama Raju District for the offences punishable under Sections 20(b)(ii)(B) of NDPS Act, 1985. Learned counsel would further submit that Petitioner/A.4 filed Crl.M.P.No.1463 of 2024 seeking interim custody of the subject vehicle.Vide impugned Order dated 07.11.2025 dismissed the said Petition by the Learned Judge, Family Court-Cum-IX Additional District Judge, FAC I Additional Sessions Judge, Rajamahendravaram observing that if the offence is proved, the subject vehicle is to be confiscated as per Section 60 of the NDPS Act. Learned counsel would submit that after completion of investigation, respondent Police filed charge sheet and that Petitioner is ready to 3 produce the vehicle as and when required and requested to grant interim custody of the subject vehicle by setting aside the order impugned in this Criminal Revision Case. Learned Assistant Public Prosecutor on instructions would submit that it is a case registered under the provisions of NDPS Act and that the matter requires fresh consideration and the matter may be remanded back for fresh consideration and for passing appropriate orders. Considering the submissions made, this Criminal Revision Case is allowed. Impugned order dated 07.11.2025 passed in Crl.M.P.No.1463 of 2024 on the file of the Court of I Additional Sessions Jduge, East Godavari at Rajamahendravaram is set aside. Crl.M.P.No.1463 of 2024 is restored to its file. The matter is remanded back for fresh consideration. Learned Sessions Judge is directed to take an appropriate decision over the matter by providing opportunity of hearing both the parties according to law as expeditiously as possible. Pending applications, if any, shall stands closed. Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA 20.01.2026 Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Revision Case No. 41 of 2026 20.01.2026 Mjl/*