H. Akshay Vs The State of Telangana

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the Records in Crl.M.P. No. 30 of 2025 in Crime No. 225 of 2024 on the file of Judicial lVlagistrate of First Class, Alampur and relax the condition. (a) imposed to execute personal bohd of Rs. 20,00,000/- (Rupees Twenty Lakhs Only) for release of lnnova Car Bearing No. TS13-EH-9398 passed in Crl.M.P. No. 30 of 2025 before Judicial Magistrate of First Class, Alampur in Crime. No. 225 of 2024 U/S BC RA/V 20(bX2)(4), 278 NDPS Act, Undaveily pS dated. 131O212025 and set aside the same and direct that a personal Bond sufficient for release of Car Bearing No. TS13-EH-9398, lnnova Touring Sports 75.

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CRIMINAL PETITION NO: 4741 OF 202s

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Between:

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Meysam Darvish, S/o Mohammed Khasim Darvish, Aged 31 years, Occ: Business, R/o H.NO. 10-5-23, Ground Floor, Masab tank, Asif Nagar, Humayun Nagar, Hyderabad.

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...APPELLANT

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AND

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The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana At Hyderabad.

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The Station House Officer, ltikayala, Undavelly PS, Telangana.

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...RESPONDENTS

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Petition under Section 528 of BNSS praying that in the circumstances stated in the fii4emorandum of Grounds of Criminal Petition, the High Court may be pleased to call forthe records in Crl.M.P. No.47 of 2025in Crime. No.225 of 2024 UIS 8C RAiV 20(bX2XA), 27B NDPS Act, Undavelly PS dated 13.02.2025 on the file of Judicial Magistrate of First Class, Alampur and relax the condition (a) imposed to execute personal bond of Rs.50,00,000/- (Rupees Fifty Lakhs Only) for release of BMW 520D with AT BSIV Car Bearing No. TS09EU655B passed in Crl.M.P. No. 47 of 2025 before Judicial Magistrate of First Class, Alampur in Crime. No. 225 of 2024 U/S BC R /V 20(b)(2XA), 278 NDPS Act, Undaveily pS daled 13.02.2025 and direct that a Personal Bond sufficient for release of Car Bearing No. TS09-EU-6558, BtUW 520D with AT BSIV.

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These Petitions coming on for hearing, upon perusing the Memorandum of Grounds of Criminal^petitions and upon hearing the arguments of Sri Avadesh Narayan Sanghi, Advcicate for the Petitioner in both Crl.Ps and tVlr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.i in both Crl.Ps.

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The Court made the following: COMMON ORDER

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,! l'

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THE HONOURABLE SRIJUSTICE N.^TUKARAMJI

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CRIMINAL PETITION Nos .4734^{and 4741 of 2025}

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cOMMON ORDER:

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Crl.P.No.4734 of 2025 is filed assailing^{the order dated} 13.02.2025^passed in Crl.M.P.No.30^{of 2025, to relax the condition} imposed to execute^{personal bond of Rs 20,00,000/- (Rupees Twenty} Lakhs Only) for release of^{lnnova Car Bearing No'TS13-EH-9398.}

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Crl.P.No.4741 oI 2025 is filed^{challengingthe order dated} 13.02.2025^passed in^{Crl.lr/.P.No.47of 2025,to relax the condition} imposed to execute^{personal bond of Rs 50,00,000/-(Rupees fifty} Lakhs Only) for release of^{BI/W 520-Dwith AT BSIV Car Bearing} No.TS-09-EU-6558.

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Heard Mr.Avadesh Narayan Sanghi,^{learned counselfor} petitioners, and Mr.Jithender Rao Veeramalla,^{learnedAdditional} Public Prosecutor, appearing^{for the respondent-State.}

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The solitary grievance by the^{petitionersis that the Courthas} imposed onerous conditions^{of executionof a personal bond for} Rs.20,00,000/- and^{Rs.50,00,000/-to release of lnova Carbearing} No.TS13-EH-9398 and^{Bl\4W520-D with AT BSIV Car Bearing No.TS-}

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Q9-EU-6558^{respectively.}

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'I

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2

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Even as per the complaint the contraband^{seized from the lnova} Car is of the minimum^quantity, for^{which, the maximum punishment is} one year or a fine of Rs.10,000/-.^{That beingthe position, impositionof} the condition to execute a bond^{with surety is arduous.}

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Fu(her, cited a decision of the High Court of^Keralain Sreekumaran Nair v. Sfate of^{Kerala, representedby its Secretary} (Crl.M.C.No.378 of 2018 dated 29.01 .2018), wherein^considering similar conditions, a direction for the^{production of the vehicle as and} when required has been ordered, and^{prayed for granting a similar} condition in this case.

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Learned Additional Public Prosecutor would^{submit that the} contraband/ganja was seized from the^lnova car^{and the petitioner,} along with others, was found with the^{vehicle. Further, pleaded that the} trial Court appears to have imposed the^{condition considering the} values of the vehicle, and as^per Section^{60 of the Narcotic Drugs and} Psychotropic Substances, Act, 1985, the^{vehicleused for conveyance} the contraband is liable to be seized.

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I have perused the materials on record

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Admittedl'r, a small quantity i.e., 18.30^grams of^{ganja was found} in the lnova car, and no substance was recovered from the^other I ye-hl9le i.e., BMW car. Having regard to this factuat position and the

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)

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quantity involved, and the petitioners' readiness to produce the vehicle as and when required by the Court, the imposition of the condition to furnish personal bond as surety for Rs.20,00,000/- and Rs.50,00,000irespectively, with one surety, is burdensome interfering with the impugned order to the extent of the condition is found appropriate '10. Having regard to the above noted circumstances and the interests of all ends, the direction for the execution of the personal bond and with one surety is supplanted with the direction that the petitioners shall file affidavits before the trial Court, undertaking to produce the vehicle as and when required by the Court and wiil not make any modification or create third party interests on the vehicles and in any other case, the value of the property will be compensated. Upon such affidavits, the vehicles mentioned in the petitions are directed to be released.

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