Sekh Sahabaj vs State Of Andhra Pradesh

Nyapathy Vijay, J

The present Criminal Petition is filed under Section 482 of B.N.S.S. Act, 2023 to modify the Order dated 03.10.2024 passed in Crl.M.P.No.548 of 2024 in Crime No.43 of 2023 (Araku Valley Police Station) on the file of the I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences Under NDPS Act, Visakhapatnam, by reducing surety amount i.e. Bank Guarantee of Rs.9,00,000/- to a personal bond of Rs.5,000/- and pass such other reliefs.

Heard Mr.Sravan Kumar Naidana, learned counsel for the Petitioner and the learned Assistant Public Prosecutor for the Respondent-State.

Perused the record.

The vehicle i.e. Maruti Suziki Ertiga Smart Hybrid VDI Car bearing No.OD 10 T 9940 was seized by the Police in which the contraband was being transported. The Petitioner is the owner of the said vehicle filed Crl.M.P.No.548 of 2024 before the I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences Under NDPS Act, Visakhapatnam and sought for release of the vehicle as the he is no way concerned with the said offence or his vehicle is involved in the said crime. The trial Court allowed the petition with the following conditions:-

“In the result, the petition is allowed. The petitioner shall execute a bond for Rs.9 Lakhs with one surety for like sum to the satisfaction of the Court of Judicial Magistrate of First Class, Araku Valley. The petitioner shall furnish Bank Guarantee for Rs.9 Lakhs. The petitioner shall produce the vehicle before this Court as and when he is directing during the trial and also during confiscation proceedings, if any, such proceedings are initiated. The petitioner shall not alienate the vehicle or change its nature and character or physical features during the pendency of the case. The vehicle shall not be used for the commission of any offence. The Investigating Officer shall take the photographs of the vehicle from all angles for the purpose of future identification of the vehicle.”

Questioning the harsh condition of furnishing Bank Guarantee for Rs.9 Lakhs imposed by the trial Court, the present Criminal Petition is filed.

After hearing the Respective counsels, this Court finds merit in the submission made by the counsel for the Petitioner/owner of the vehicle and the condition imposed by the trial Court appears to be harsh.

Therefore, the order of the trial Court to the extent of directing the Petitioner/owner of the vehicle to furnish the Bank Guarantee for Rs.9,00,000/- is modified by substituting the condition that the ‘Petitioner/owner of the vehicle is directed to execute a personal bond for Rs.9,00,000/- or third party security to the said sum’. The rest of the conditions imposed by the trial Court remains the same.

Accordingly, the Criminal Petition is partly allowed.

As a sequel, pending applications, if any, shall stand closed.