APHC010404882026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE 11th DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 883 OF 2026 Between: 1. Sri Kottur Venkateswarulu, ,S/o K. Krishna,Agod about 42 years,R/o D.N0.81/5-A3, Raghavendra Nagar, Near Raghunath Talkies, Kurnool District. ...Petitioner AND 1. The State of Andhra Pradesh, ,Rep. by the Station House Ofilcer, Kurnool IV Town Police Station, Kurnool District, Represented by the Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondent Counsel for the Petitioner: DURGA SREE DEVI Counsel for the Respondent PUBLIC PROSECUTOR The Court made the following order: ORDER: The Criminal Revision Case has been filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), challenging the order dated 02.07.2026 passed in Crl.M.P.No.113 of 2026 in Crime No.128 of 2026 on the file of the learned I Additional Judicial Magistrate of First Class, Kurnool. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. The learned counsel for the petitioner has filed an additional document, namely, a receipt, to show that the seized tobacco products belong to the petitioner. 4. The petitioner filed an application under Section 503 of ‘the BNSS’ in Crl.M.P.No.113 of 2026 arising out of Crime No.128 of 2026 on the file of IV Town Police Station, Kurnool, seeking release of the seized property, which is in the custody of the respondent-Police. 5. Having regard to the facts and circumstances of the case and keeping in view the ratio laid down by the Hon’ble Supreme Court in Sunderbhai Sunderbhai Ambalal Desai v. State of Gujarat1, this Court is of the opinion that the seized tobacco products, if kept in the custody of the Police or in the Court for a prolonged period, would decay as it is perishable in nature if it is not properly taken care. Therefore, it would be appropriate to entrust the 1 (2002) 10 SCC 283 interim custody of the seized tobacco products to the petitioner, subject to appropriate conditions. 6. Accordingly, the order dated 02.07.2026 passed by the learned I Additional Judicial Magistrate of First Class, Kurnool, in Crl.M.P.No.113 of 2026 is set aside. The respondent-Police are directed to release the seized tobacco products to the interim custody of the petitioner, subject to the petitioner furnishing a bank guarantee for a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) and executing a personal bond for a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) with two sureties for the like sum to the satisfaction of the learned I Additional Judicial Magistrate of First Class, Kurnool. 7. Accordingly, the Criminal Revision Case is disposed of. No order as to costs. As a sequel, all pending miscellaneous petitions, if any, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 11.08.2026 JLSR 136 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 883 of 2026 Date: 11.08.2026 JLSR