Sai Prasanna Chintha Vs The State of Telangana — Narcotics (NDPS) | Telangana HC (2025)

Sai Prasanna Chintha Vs The State of Telangana — Narcotics (NDPS) | Telangana HC (2025)

What the court decided

AI extract

Outcome

Interim release of the seized Fortuner vehicle (Regn. No. AP31-DU-9999) to the petitioner on her executing a personal bond of Rs.5,00,000/- with one surety for the like sum to the satisfaction of the Court below; the remaining conditions of the trial Court stand unaltered; no order as to costs; miscellaneous petitions, if any pending, stand closed.

Issue for consideration

Whether the petitioner, who is unable to furnish the surety of Rs.12,00,000/- imposed by the trial Court for interim release of her seized vehicle, may instead be permitted to furnish a personal bond or collateral security.

Court's answer

The Criminal Petition is partly allowed: the impugned Fortuner vehicle bearing registration No. AP31-DU-9999 shall be released to the petitioner for interim custody on her executing a personal bond of Rs.5,00,000/- (Rupees Five Lakhs only) with one surety for the like sum to the satisfaction of the Court below, in place of the trial Court's surety condition of Rs.12,00,000/-.

Ratio / Principle

The remaining conditions imposed by the trial Court are left unaltered, and there is no order as to costs.

Detailed headnote1 paragraphs

K. Surender, J. — Criminal Petition No.12553 of 2024 under Section 528 BNSS filed by Sai Prasanna Chintha, registered owner of a Fortuner (AP-31-DU-9999) seized during investigation of Crime No.428 of 2023 of Raidurgam PS, Cyberabad (offences under Sections 21(a), 22, 29 NDPS Act), assailing the condition in the order dated 24-11-2023 in Crl.M.P.No.2401 of 2023 (arising out of her Sections 451/457 Cr.P.C interim-custody application before the Metropolitan Sessions Judge, Rangareddy District at L.B.Nagar) requiring her to furnish surety of Rs.12,00,000/-. Held, petition partly allowed: vehicle released for interim custody on execution of a personal bond of Rs.5,00,000/- with one surety for the like sum to the satisfaction of the Court below; remaining trial Court conditions unaltered; no order as to costs.

[³²⁵¹ I

IN THE HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD

WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION NO: 12553 OF 2024

Between:

Sai Prasanna Chintha, Wo. Chinta Rakesh^{Roshan, aged about 35 years,Occ:} Housewife, R/o. Flat No.401, Adithya Suncast^{Apartment,Film Nagar,} Hyderabad.

...Petitioner/Owner of the Property

AND

1 The State of Telangana, Rep by its SHO, Raidurgam^{PS Through its Public} Prosecutor, High Court for the State of Telangana at Hyderabad.

...Respondent No.1 /Complainant

Ch. Rakesh Roshan, S/o. Kondal Rao, aged about 40^years, Occ^Pvt. Employee, R/o. Flat No.401, Adithya Suncast Apartment, Film Nagar, Hyderabad.

..Respondent No.2

(Respondent No.2 is not a necessary Party)

Petition under Section 528 of BNSS^{prayingthat in the circumstances} stated in the Memorandum of Grounds^{of Criminal Petition,the High Court may} be pleased to^quash the order dated 24-11-2023^{madein CRL.MP.No.24O1 of} 2023 in Cr-No.428 ot 2023^{(Raidurgam Police Station) on the file of the Hon'ble} Metropolitan Sessions Judge, Rangareddy^{District at L.B.Nagarto the extent of} directing the Petitioner to furnish surety^{of Rs.12,00,000/- (Rupees TwelveLakh} only) and allow the^petition by directing^{to furnishthe personal bond collateral} security instead of furnishing surety to the satisfaction^{of the Hon'ble court.}

l.A. NO: 1OF 2024

Petition under Section 528 of BNSS^{prayingthat in the circumstances} stated in the Memorandum of Grounds of^{Criminal Petition,the High Court may} be pleased to^grant interim release of the^{seized vehicle bearing RegistrationNo.} AP 31 DU 9999 to the^petitioner in Crime^{No.428 of 2023 on the file of}

Raidurgam Police Station, Cyberabad District, pending disposal of the Quash Petition.

Thrs Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M.S. Achyuth Bharathwaj, Advocate for the Petitioner and the Sri M. Vivekananda Reddy, Public Prosecutor on behalf of the Respondent No.1.

The Court made the following: ORDER

THE HONOURABLE SRI JT'STICE K.SURENDER

CRIMINAL PETITION No.12553 OF 2024

ORDER:

This Criminal Petition is filed by the^{petitioner,owner} of the vehicle, to quash the order dated^{24.11.2023madein} Cr1.M.P.No.2401 of 2023 on the file of the^Metropolitan Sessions Judge, Rangareddy District at L.b.Nagar,^arising out of Cr.No.428 of 2023 on the file of the^{RaidurgamPolice} Station, Cyberabad, to the extent of directing^{the petitioner} to furnish surety of Rs.12,00,000/-^{(RupeesTwelve Lakh} onlSr) and allow the petition by directing^{the petitionerto} furnish the personal bond or collateral^{securit5r instead of} furnishing surety to the satisfaction of^the trial^Court.

Heard the learned counsel for the^{petitioner and Sri M.} Vivekananda Reddy, learned Public Prosecutor for^the respondent No. 1 - State. Perused the^record.

The case of the petitioner is that^{she is the registered} owner of the vehicle, i.e.,^{Fortuner vehiclebearing} registration No.AP-3l-DU -9999. Learned^{counsel submits} that the Police seized the said^{vehicle of the petitioner during}

KS,J Crl.P.No.12553 2024

2

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the investigation of the Crime No.428 of 2023 of Raidurgam Police Station, Cyberabad, for the offence under Sections 2l(al, 22, 29 of the Narcotic Drugs .and Psychotropic Substances Act, 1985. The petitioner liled an application under Section 451 read with Seciton 457 of Cr.P.C before the learned Metropolitan Sessions Judge, Rarga Reddy District at L.B.Nagar. seeking release of ttre petitioner's vehicle. Learned Judge allowed the said application for interim custody on condition of surety of Rs.12,OO,OOO/-

4 . Learned counsel for the petitioner would submit that the petitioner is not in a position to furnish suret5r of Rs.12,0O,OO0/- to the satisfaction of the trial Court ald seeks to allow the petitioner to furnish the personal bond or collateral security instead of furnishing surety to the satisfaction of the trial Court

The Criminal Petition is partly allowed and the impugned vehicle i.e., Fortuner bearing registration No.AP3 I -DU-9999 shall be released to the petitioner for interim custody on her executing a personal bond of Rs.5,00,000/(Rupees Five Lakhs only) with one suret3r for the like sum to

KS,J Crl.P.No.l2553 2024

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the satisfaction of the^{Court below.The remaining}

conditions of the trial^{Court are unaltered. No order as to}

costs.

Miscellaneous Petitions,^{ifany pending, shall stand}

closed.

SD/- A.V,S. PRASAD ASSISTANT REGISTRAR

//TRUE COPY//

s CTION OFFICER

To, 1. The Metropolitan^{Sessions Judge' Rangared-dyDistrict at L'BNagar} Z. rn. Strtlon^{HouseOfficer, RaidJrgam Police Station' Madhapur Division'}

f*o CC.^{to tn" PublicPiosecutoi, Hign Court for the Stateof Telangana at}

Hyderabad. [OUTI

a Oir"-C-C to iri^{M.S.AchvuthBharathwaj, Advocate[OPUCI}

Two CD CoPies

kam/PSL

HIGH COURT

DATED:1 210312025

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ORDER

CRLP.No.12553 ot 2024

ALLOWING THE CRIMINAL PETITION

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