Disposed¶32

Vanthala Suresh v. The State of Andhra Pradesh

Andhra Pradesh HC1 Jul 2026CRLP/5113/2026

Case brief

AI extract

What is this about?

Andhra Pradesh High Court Amaravati; Criminal Petition No. 5113 of 2026; Dr Justice Y. Lakshmana Rao; Section 439(1)(b) CrPC 1973 / Section 483(1)(b) BNSS 2023; modification of condition on vehicle owner (not an accused); KTM 250 Duke motorcycle AP 40 D 0250 lent to Accused No.3; 590 kgs ganja transport; Crime No.96 of 2024 Rolugunta Police Station; Crl.M.P.No.592 of 2024; Special Judge NDPS Act Visakhapatnam; bond Rs.2,30,000 with one surety; bank guarantee reduced from Rs.2,30,000 to Rs.1,50,000; Additional JMFC Narsipatnam; petition disposed 02.07.2026.

What did the court decide?

Criminal Petition disposed of with the impugned order modified: bond of Rs.2,30,000/- with one surety retained; Bank Guarantee requirement reduced from Rs.2,30,000/- to Rs.1,50,000/-; residual conditions of the original order remain in force. ¶32

Vanthala Suresh Vs The State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the conditions imposed on the petitioner — the owner (not an accused) of the motorcycle allegedly used to transport ganja — by the order dated 07.10.2024 in Crl.M.P.No.592 of 2024 in Crime No.96 of 2024 of Rolugunta Police Station, particularly the requirement to furnish a Bank Guarantee of Rs.2,30,000/- in addition to a bond of Rs.2,30,000/-, should be modified.

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Court's answer

The petitioner is not an accused in the case but only the owner of the KTM 250 Duke Motorcycle bearing No. AP 40 D 0250, which he had lent to Accused No.3, who allegedly used it for transporting 590 kgs of ganja.

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Ratio / Principle

The order dated 07.10.2024 in Crl.M.P.No.592 of 2024 in Crime No.96 of 2024 of Rolugunta Police Station, passed by the I Additional District & Sessions Judge-cum-Special Judge (NDPS Act), Visakhapatnam, against the petitioner/owner of the vehicle, is hereby modified.

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Key takeaways

Under the modified order, the petitioner shall execute a bond for Rs.2,30,000/- (unchanged) with one surety for a like sum to the satisfaction of the learned Additional Judicial Magistrate of First Class, Narsipatnam, and shall furnish a Bank Guarantee for Rs.1,50,000/- (reduced from Rs.2,30,000/-).ratio¶29
The residual conditions imposed by the learned Trial Court in the original order shall remain in force and shall be duly complied with by the petitioner.ratio¶31

Detailed headnote1 paragraphs

Criminal Petition under Section 439(1)(b) Cr.P.C./Section 483(1)(b) BNSS filed by the owner (not an accused) of a KTM 250 Duke motorcycle (No. AP 40 D 0250) which he had lent to Accused No.3, allegedly used for transporting 590 kgs of ganja (Crime No.96 of 2024, Rolugunta Police Station), seeking modification of the conditions imposed by order dated 07.10.2024 in Crl.M.P.No.592 of 2024 (I Additional District & Sessions Judge-cum-Special Judge for NDPS Act offences, Visakhapatnam) — execution of a bond of Rs.2,30,000/- with one surety and a Bank Guarantee of Rs.2,30,000/-. Held, having regard to the facts and circumstances, the said order is modified: the bond of Rs.2,30,000/- with one surety before the Additional Judicial Magistrate of First Class, Narsipatnam stands, but the Bank Guarantee is reduced to Rs.1,50,000/-; residual conditions of the original order remain in force. Petition disposed of. — Dr Y. Lakshmana Rao, J (HC Andhra Pradesh at Amaravati, 02.07.2026).

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[3521]

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Date of reserved for orders : Nil Date of pronouncement : 02.07.2026 Date of uploading : 07.07.2026

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APHC010319472026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY, THE 2^nd DAY OF JULY 2026

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PRESENT

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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

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CRIMINAL PETITION NO: 5113/2026

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Between:

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VANTHALA SURESH, S/O. VANTHALA SATTIBABU, AGED ABOUT 22 YEARS,R/O. DEGALAPALEM VILLAGE, KOTHAPALEM POST,CHINTAPALLI MANDAL, ALLURI SITHARAMA RAJU DISTRICT, A.P.

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...PETITIONER/ACCUSED

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AND

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THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati.

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...RESPONDENT/COMPLAINANT

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Counsel for the Petitioner/accused:

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1.GOLLAPALLI MAHESWARA RAO

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Counsel for the Respondent/complainant:

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1.PUBLIC PROSECUTOR

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The Court made the following:

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ORDER :

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The Criminal Petition has been filed under Section 439(1)(b) of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’)/Section 483(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking modification of the condition imposed on the Petitioner/Owner of the vehicle vide order dated 07.10.2024 in Crl.M.P.No.592 of 2024 in Crime No.96 of 2024 of Rolugunta Police Station, passed by the learned I Additional District

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& Sessions Judge-cum-Special Judge for trial of offences under ‘the NDPS Act’, Visakhapatnam.

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Heard learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record.

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On perusal of the record, the Petitioner is not an accused in this case, but only the owner of the KTM 250 Duke Motorcycle bearing No. AP 40 D 0250. The Petitioner had lent the said motorcycle to Accused No.3, who allegedly used it for transporting 590 kgs of Ganja. In view of this, the learned Trial Court directed the Petitioner to execute a bond for Rs.2,30,000/- (Rupees Two Lakhs Thirty Thousand only) with one surety for a like sum to the satisfaction of the learned Additional Judicial Magistrate of First Class, Narsipatnam, and further required him to furnish a Bank Guarantee for Rs.2,30,000/- (Rupees Two Lakhs Thirty Thousand only).

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Having regard to the facts and circumstances of the case, the order dated 07.10.2024 in Crl.M.P.No.592 of 2024 in Crime No.96 of 2024 of Rolugunta Police Station, passed by the learned I Additional District & Sessions Judge-cum-Special Judge for trial of offences under ‘the NDPS Act’, Visakhapatnam, against the Petitioner/Owner of the vehicle, is hereby modified as under:

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The Petitioner shall execute a bond for Rs.2,30,000/- (Rupees Two Lakhs Thirty Thousand only) with one surety for a like sum to the satisfaction of the learned Additional Judicial Magistrate of First Class, Narsipatnam, and shall furnish a Bank Guarantee for Rs.1,50,000/(Rupees One Lakh Fifty Thousand only).

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