Allowed

Rekha Venkata Kanaka Bhimeswara Rao, v. The State of Andhra Pradesh

Andhra Pradesh HC2 Mar 2021CRLRC/168/2021

Case brief

AI extract

What is this about?

In a criminal revision under sections 397 and 401 Cr.P.C., the Court modified the condition for releasing a seized vehicle in an NDPS case. The original requirement of a Rs.10 lakh bank guarantee was substituted with execution of a bond for Rs.7.5 lakhs with one surety.

What did the court decide?

Modified the condition for release of seized vehicle from Rs.10 lakh bank guarantee to Rs.7.5 lakh bond with one surety for the same sum.

Rekha Venkata Kanaka Bhimeswara Rao, Vs The State of… — Narcotics (NDPS) | Andhra Pradesh HC (2021)

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THE HON’BLE SMT JUSTICE LALITHA KANNEGANTI

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CRIMINAL REVISION CASE No.168 of 2021

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ORDER:-

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This Criminal Revision Case is filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) aggrieved by the condition i.e. ‘to release the vehicle i.e., Tata Safari Storme VX bearing No.AP 16 FF 6868 on production of bank guarantee for a sum of Rs.10,00,000/- (Rupees Ten Lakhs only)’ imposed in the order dated 23.12.2020 in E-Filing Case No.AP/10/Crl.M.P./123352 of 2020 by the Metropolitan Sessions Judge –Cum- Spl. Judge for Trial of NDPS Act Cases, Vijayawada.

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The case of the petitioner in brief is:

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Pursuant to the registration of crime No.313 of 2020 for the offence punishable under Section 20(b)(ii)(c) read with Section 8(c) of NDPS Act and seizure of his vehicle, the petitioner approached the Court below seeking interim custody of the subject vehicle. The Court below allowed the said petition directing the Station House Officer, Satyanarayanapuram Police Station, Vijayawada City to release the subject vehicle on the condition that the petitioner shall produce bank guarantee for a sum of Rs.10,00,000/(Rupees ten lakhs only) to the satisfaction of the Station House Officer, Satyanarayanapuram Police Station, Vijayawada city, against which the petitioner is before this Court.

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Heard Sri G.Venkata Reddy, learned counsel for the petitioner and learned Additional Public Prosecutor for respondent No.1-state.

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Learned counsel for the petitioner submits that such a condition is onerous one and generally in similar cases, Courts are

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not insisting for bank guarantees. He further submits that this Court has granted interim custody of the vehicles in similar cases by imposing reasonable conditions. Hence, he requests to modify the said condition.

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Learned Additional Public Prosecutor has not opposed the above submissions of the learned counsel for the petitioner.

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Taking the above submissions into consideration, this Court deems it appropriate to modify the said condition.

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Accordingly the Criminal Revision Case is allowed. The condition i.e. ‘to release the vehicle i.e., Tata Safari Storme VX bearing No.AP 16 FF 6868 on production of bank guarantee for a sum of Rs.10,00,000/- (Rupees ten lakhs only)’ imposed in the order dated 23.12.2020 in E-Filing Case No.AP/10/ Crl.M.P./123352 of 2020 by the Metropolitan Sessions Judge – Cum- Spl. Judge for Trial of NDPS Act Cases, Vijayawada is hereby modified as ‘to release the vehicle i.e., Tata Safari Storme VX bearing No.AP 16 FF 6868 on executing a bond for Rs.7,50,000/(Rupees Seven Lakhs Fifty Thousand only) with one surety for a likesum’ .

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As a sequel, all the pending miscellaneous applications are closed.

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____________________________________ JUSTICE LALITHA KANNEGANTI

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Date : 02.03.2021 IKN

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THE HON’BLE SMT JUSTICE LALITHA KANNEGANTI

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Allowed

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CRIMINAL REVISION CASE No.168 of 2021

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02.03.2021

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ikn

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Rekha Venkata Kanaka Bhimeswara Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Rekha Venkata Kanaka Bhimeswara Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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