APHC010066112026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] SATURDAY,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 1878/2026 Between: 1. CHIRIKI PAVAN KUMAR, S/O AMMATHALLI, AGED ABOUT 25 YEARS, R/O D. NO. 4-121, KARAKAVANIPALEM, PENDURTHI GORAPALLE, VISAKHAPATNAM. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: SIVAPRASAD REDDY VENATI Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: 2 Dr. YLR, J Crl.P.No.1878 of 2026 Dated 06.03.2026 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 modify the order dated 06.01.2025 passed in Crl.M.P.No.1360 of 2025 in Crime No.3 of 2025 of Ravikamatham Police Station, on the file of I Additional District and Sessions Judge-cum-Special Judge for Trial of offences under the NDPS Act, Visakhapatnam. 2. Sri.V. Sivaprasad Reddy, learned Counsel for the Petitioner submits that The petitioner filed a petition seeking a direction to the respondent to release the vehicle, i.e., Bajaj Dominar D 400 Motorcycle bearing No. AP 39 HR 3189, which was seized in connection with Crl.M.P. No.1360 of 2025 in Crime No.3 of 2025 of Ravikamatham Police Station, on the file of the I Additional District and Sessions Judge-cum-Special Judge for Trial of Offences under the NDPS Act, Visakhapatnam. The said petition was allowed on 06.01.2026 directing the petitioner to execute a bond for Rs.1,90,000/- with one surety for a like sum to the satisfaction of the Additional Judicial Magistrate of First Class, Chodavaram. The petitioner was also directed to furnish a Bank Guarantee for Rs.1,90,000/-. 3. It is further submitted that the petitioner is the registered owner of the subject vehicle and is a third party to the case. If the vehicle is exposed to sun 3 Dr. YLR, J Crl.P.No.1878 of 2026 Dated 06.03.2026 and rain, it is likely to get damaged. The petitioner is ready to abide by any conditions that may be imposed by this Hon’ble Court if the vehicle is ordered to be released on interim custody after due modification of the said order. 4. Per contra, the learned Assistant Public Prosecutor vehemently opposed to release of the vehicle on the ground that the investigation is still pending. 5. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. 6. Be that as it may, if the vehicle has been in judicial safe custody of the Investigating Officer would not serve any purpose. On the other hand, the petitioner is a third party to the case proceedings. Therefore, in the interest of justice, it is just and proper to modify the bank guarantee amount as prayed for, subject to the same conditions. 7. Considering the facts and circumstances of the case, the Criminal Petition is disposed of, with a slight modification of the bank guarantee amount from Rs.1,90,000/- to Rs.75,000/- (Rupees Seventy-Five Thousand only) for the release of the vehicle, i.e., Bajaj Dominar D 400 Motorcycle bearing No. AP 39 HR 3189, which was seized in connection with Crl.M.P. No.1360 of 2025 in Crime No.3 of 2025 of Ravikamatham Police Station, on the file of the I Additional District and Sessions Judge-cum-Special Judge for 4 Dr. YLR, J Crl.P.No.1878 of 2026 Dated 06.03.2026 Trial of Offences under the NDPS Act, Visakhapatnam. All other conditions imposed in the said order shall remain intact. 8. In the result, the Criminal Petition is disposed of. 9. 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: 07.03.2026 PBS 5 Dr. YLR, J Crl.P.No.1878 of 2026 Dated 06.03.2026 129 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.1878 of 2026 Date: 07.03.2026 PBS