APHC010031632026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) SATURDAY,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: Between: 1. SHAIK KHAJAMASTHAN, S/O. SUBHAN, AGED ABOUT 42 YEARS, R/O. SRINIVASA NAGAR KOVUR, CHINNAPADUGUPADU, SRI POTTI SRIRAMULU NELLORE, ANDHRA PRADESH. 2. ANNAM BHAVANI,, YEARS, R/O. POTHIREDDYPALEM NELLORE OLD, HARIJANAWADA, SRI POTTI SRIRAMULU, NELLORE, ANDRA PRADESH. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIA AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH 522238. 2. THE SUPERINTENDENT OF POLICE, S.P.S.R. NELLORE, NELLORE DISTRICT, ANDHRA PRADESH 3. THE STATION HOUSE OFFICER, KOVUR P.S., NELLORE DISTRICT, ANDHRA PRADESH - Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to Pleased to Issue a writ of mandamus or any order or direction, directing the respondent No. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 2452/2026 SHAIK KHAJAMASTHAN, S/O. SUBHAN, AGED ABOUT 42 YEARS, R/O. SRINIVASA NAGAR KOVUR, CHINNAPADUGUPADU, SRI POTTI SRIRAMULU NELLORE, ANDHRA PRADESH. W/O. ANNAM PUTTAIAH, AGED ABOUT 33 YEARS, R/O. POTHIREDDYPALEM NELLORE OLD, HARIJANAWADA, SRI POTTI SRIRAMULU, NELLORE, ANDRA ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDING, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH THE SUPERINTENDENT OF POLICE, S.P.S.R. NELLORE, NELLORE DISTRICT, ANDHRA PRADESH - PIN 524001. THE STATION HOUSE OFFICER, KOVUR P.S., NELLORE DISTRICT, - PIN 524137. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be ssue a writ of mandamus or any her appropriate writ, order or direction, directing the respondent No.3 to release the seized vehicles IN THE HIGH COURT OF ANDHRA PRADESH [3521] THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO SHAIK KHAJAMASTHAN, S/O. SUBHAN, AGED ABOUT 42 YEARS, R/O. SRINIVASA NAGAR KOVUR, CHINNAPADUGUPADU, SRI W/O. ANNAM PUTTAIAH, AGED ABOUT 33 YEARS, R/O. POTHIREDDYPALEM NELLORE OLD, HARIJANAWADA, SRI POTTI SRIRAMULU, NELLORE, ANDRA ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL T BUILDING, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH - PIN THE SUPERINTENDENT OF POLICE, S.P.S.R. NELLORE, NELLORE THE STATION HOUSE OFFICER, KOVUR P.S., NELLORE DISTRICT, ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be her appropriate writ, to release the seized vehicles 2 bearing Registration Nos.AP40CU9735 and AP40FP4205 in Crime No. 01/2026 of Kovur Police Station, SPSR Nellore District, in favour of the petitioner, subject IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to Issue an interim direction, directing the respondent No.3 to release the seized vehicles bearing Registration Nos. AP40CU9735 and AP40FP4205, seized in connection with Crime No. 01/2026 of Kovur Police Station, SPSR Nellore District, registered for the offence under Section 8(c) read with 20(b)(ii)(B) of the NDPS Act, pending disposal of the writ petition, in the interest of justice. pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. VENKATESH KOSARAJU Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 2452/2026 ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief: “…to Issue a writ of mandamus or any her appropriate writ, order or direction, directing the respondent No.3 to release the seized vehicles bearing Registration Nos.AP40CU9735 and AP40FP4205 in Crime No. 01/2026 of Kovur Police Station, SPSR Nellore District, in favour of the petitioner….” 2. Heard Sri D.Dilip, learned counsel representing Sri Kosaraju Venkatesh, learned counsel for the petitioners and Sri P.AjayBabu, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioners submits that the vehicles bearing Registration Nos. AP40CU9735 and AP40FP4205, seized in Crime No.01 of 2026 of Kovur Police Station, SPSR Nellore District, have not been released by the police till date. 4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, on written instructions, submits that after conducting a thorough investigation, the police have submitted Form-60 before the jurisdictional Magistrate. He further submits that the petitioners have an alternative and efficacious remedy of approaching the jurisdictional Magistrate by filing an application under Sections 451 and 457 of the Code of Criminal Procedure, 1973 (equivalent provisions under the Bharatiya Nagarik Suraksha Sanhita). 4 5. In view of the above, the writ petition is disposed of, granting liberty to the petitioners to approach the jurisdictional Magistrate seeking appropriate relief under Sections 451 and 457 of the Code of Criminal Procedure, 1973/ (under Section 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita). There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending if any, shall stands closed. _______________________________ DR JUSTICE Y. LAKSHMANA RAO Date 31.01.2026 KKV