1 Dr. YLR, J Crl.P.No.596 of 2026 Dated 29.01.2026 APHC010039842026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 596/2026 Between: SAKE RAMAIAH, S/O SAKE CHINNA VENKATANNA,AGED ABOUT 45 YEARS, OCC LABOUR,R/O 6/48, TARIMELA, SINGANAMALA MANDAL,ANANTAPUR DISTRICT.(OWNER OF AUTO PIAGGIO VEHICLE NO AP-02-TH-0096) ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.596 of 2026 Dated 29.01.2026 The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) filed by the petitioner herein seeking to direct the respondents to release vehicle i.e., Auto Piaggio Vehicle, bearing No. AP 02 TH 0096 which was seized on 19.08.2025 in connection to Crime No.191 of 2025 on the file of Anantapur Rural Police Station, Anantapuram District, registered for the offence punishable under Section 7(1) of the Essential Commodities Act, 1955 (for short ‘ the E.C.Act’). 2. Sri Sravan Kumar Naidana, the learned counsel for the petitioner, submits that the petitioner is the registered owner of the subject vehicle and that if the vehicle is exposed to sun and air, it is likely to get damaged. It is further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court, if the vehicle is ordered to be released on interim custody. The learned counsel for the petitioner relied upon the decision of the Hon’ble Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat1. 1 AIR 2003 SC 638 3 Dr. YLR, J Crl.P.No.596 of 2026 Dated 29.01.2026 3. Per contra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor, vehemently opposed to release of the vehicle on the ground that the investigation is still pending. 4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. As seen from the record, the alleged offence is punishable under Section 7(1) of the E.C.Act’. The truth or otherwise of the allegations has to be decided in the course of investigation and trial. Admittedly, the petitioner herein is the registered owner of the subject vehicle. If the vehicle is kept unused in the police station or Court premises and exposed to sun, rain and air, there is every likelihood of the same getting damaged. Therefore, in the interest of justice, the vehicle can be ordered to be released on interim custody to the petitioner, subject to certain conditions. 6. Considering the facts and circumstances of the case, the Criminal Petition is disposed of. The subject vehicle, i.e., Auto Piaggio Vehicle bearing Registration No. AP 02 TH 0096, which was seized on 19.08.2025 in connection with Crime No.191 of 2025 on the file of Anantapur Rural Police Station, Anantapuram District, is ordered to be released to the petitioner on interim custody, with the following conditions: i. On his producing the original R.C. and executing a self bond for the value of the subject vehicle to be 4 Dr. YLR, J Crl.P.No.596 of 2026 Dated 29.01.2026 assessed by the Motor Vehicle Inspector, with two sureties for the like sum each, to the satisfaction of the jurisdictional Magistrate concerned; ii. On his executing an undertaking that he would not alienate the said vehicle or transfer its ownership or change any physical features of the vehicle; and iii. On his executing an undertaking that he would produce the vehicle as and when directed by the Trial Court till the case is disposed of, in the Trial Court. 7. In the result, the Criminal Petition is disposed of. 8. However, it is made clear that the appropriate authority has got authority to proceed in accordance with law for confiscation or otherwise of the vehicle, by affording due and sufficient opportunity to both sides. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 29.01.2026 RSI 5 Dr. YLR, J Crl.P.No.596 of 2026 Dated 29.01.2026 123 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.596 of 2026 Date: 29.01.2026 RSI