The High Court · 2025

Petition under Sectron 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the 2nd Respondent to release the Petitioner Car, Maruti Suzuki Ertiga bearing No. TS 07 UP 0754 in the FIR No.14 of 2025, daled 1510112025 on the file of Kesamudram Nagar, Police Station, Mahabubabad, by accepting the third party sureties. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri R Giri Kumar, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 . The Court made the following Order : THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL PETITIO N No.1589 OF 2025 ORDER: This Crinrinal Petition is filed by the petitioner seeking to release of lVlaruti Suzuki Ertiga bearing No.TS-07-UF'-0754 seized in FIR No 14 o'f 2025 on the file of the Station House Officer, Kesamudram Nagar Police Station, ttlahabubabad District, registered under Sections 8(c) read with 20 (b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').

02. Heard Sri R. Giri Kumar, learned counsel for the petitioner and Sri Jithender Rao Veramalla, learned Additional Public Prosecutor for the State.

03. Learned counsel for the petitioner submitted that the petitioner approached the respondent No.2 and requested for release of the vehicle expressing his readiness to furnish third party surety, but the respondent No.2 refused to requesl of the petitioner and insisted the petitioner to obtain the orders fr,cm the Court. The petitioner came to know that as per the Orders of this 2 Court, the petitioner has to approach the Drugs Committee for release of the vehicle. However, there was no Drugs Committee constituted as of now and that the trial Court is not entertaining the applications filed for release of the vehicle. Hence, he prayed for release of the seized vehicle.

04. ln Union of tndia v. Mohanlal and anothel , the Honourable Supreme Court of lndia gave certain guidelines at paragraph No.20, which are as follows: "20. To sum up we direct as under: (1) No sooner the seizure of any Narcotic Drugs and Psychotropic and controlled Subsfances and Conveyances is effected, the same shall be fonuarded to the officer in-charge of the nearest police station or to the officer empowered lJnder Secfion 53 of Act. The officer concerned shall then approach the Magistrate with an application under Section 52A(ii) of the Act, which shalt be allowed by the Magistrate as soon as may be required under Sub-Secllon 3 of Section S2A, as dlscussed by us in the body of this judgment under the heading ,seizure and sampling'. The sampting shalt be done underthe '120t6.y: scc :29 ;-= -;.7 3 supen*ision of the magistrafe as dlscussed in paras 13 and 14 of this order. (2) The Central Government and its agencies and so also the State Governments shall within six monlhs from today take appropriale sfeps fo sel up storage facilities for the exclusive storage of seized Narc<"'tic Drugs and Psychotropic and controlled Strbsfances and Conveyances duly equipped with vaults and double tocking sysfem to prevent theft, pilferage or replacement of the seized drugs. The Cent'ral Government and the State Governments shall a[so designate an officer each for their respective storage f acility, and provide for other sleps, measures as stipulitted in Standing Order No. 1/89 to ensure proper security against theft, pilferage or replacement of the seized drugs. (3) The Central Government and the Sfafe Governments shall be free to set up a storage facrlity for each district in fhe States and depending Ltpon the extent of seizure and store required, one stor'age facility for more than one dlstrlcts. (4) Disposal of the seized drugs currently lying in the policet maalkhans and other places used for storage shatl be carried out by the DDCs concerned in terms 4 of the directions issued by us in the body of this judgment under the heading Ulsposa/ of drugs'.',

05. ln Sunderbhai Ambalal Desai v State of Gujarath2, the Honourable Supreme Court of lndia held that whatever be the situation, it is of no use to keep such seized vehicles at the Police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles. Various High Courts in the Judgments stated above, ,after referring to various provisions of the Act, including Sections _ 52_ A,60 and 63 and various provisions of Cr.p.C., and also the principle laid down in the decision of Sunderbhai Ambalal Desai and Mohanlal cited supra, ordered to be released the vehicles seized in the crimes for the offences under the Act.

06. ln view of the above said legal position, this Criminal Petition is disposed of directing the respondent No.2 to grant interim custody of the vehicle in question on condition that the '? (2002) to scc 238 5 Y:i*s* 1 petitioner shail execute a personal bond for a sum of Rs.1,00,000/- to the satisfaction of the learned Judicial First Class [/lagistrate, lVlahabubabad, on proper verification of ownership. The petitioner shall file an undertaking before the Iearned Magistrate to the effect that he shall produce thb crime vehicle as and when required either before the lnvestir;ating Officer or before the concerned Court and that he shall not alienate. alter or change the nature of vehicle As a sequel, miscellaneous petition, if any, pendinq shall stand closed //TRUE COPY// Sd/- MOHD. ISMAIL ASSISTANT REGISTRAR ECTION OFFICER

1. The Additional Judicial First Class lvlagistrate at Mahabubabad 2. The Station House Officer, Kesamudram police Station, Mahabubabad 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, 4. One CC to Sri R Giri Kumar, Advocate [OPUC] 5. Two CD Copies Hyderabad IOUT] To, VAJDL HIGH COURT DATED:0510212025 L tr\ 9F TEi \c .$ .r *.tb \s lr airj + l_r? ? -a-, c t,l- ,! 1c ORDER GRLP.No.1589 of 2025 i I 1 : I I I I I i I ! DISPOSING OF THE CRLP (+ .V q;) C 4:C(=d^t-5 Y

Petition under Sectron 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the 2nd Respondent to release the Petitioner Car, Maruti Suzuki Ertiga bearing No. TS 07 UP 0754 in the FIR No.14 of 2025, daled 1510112025 on the file of Kesamudram Nagar, Police Station, Mahabubabad, by accepting the third party sureties. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri R Giri Kumar, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 . The Court made the following Order : THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL PETITIO N No.1589 OF 2025 ORDER: This Crinrinal Petition is filed by the petitioner seeking to release of lVlaruti Suzuki Ertiga bearing No.TS-07-UF'-0754 seized in FIR No 14 o'f 2025 on the file of the Station House Officer, Kesamudram Nagar Police Station, ttlahabubabad District, registered under Sections 8(c) read with 20 (b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').

02. Heard Sri R. Giri Kumar, learned counsel for the petitioner and Sri Jithender Rao Veramalla, learned Additional Public Prosecutor for the State.

03. Learned counsel for the petitioner submitted that the petitioner approached the respondent No.2 and requested for release of the vehicle expressing his readiness to furnish third party surety, but the respondent No.2 refused to requesl of the petitioner and insisted the petitioner to obtain the orders fr,cm the Court. The petitioner came to know that as per the Orders of this 2 Court, the petitioner has to approach the Drugs Committee for release of the vehicle. However, there was no Drugs Committee constituted as of now and that the trial Court is not entertaining the applications filed for release of the vehicle. Hence, he prayed for release of the seized vehicle.

04. ln Union of tndia v. Mohanlal and anothel , the Honourable Supreme Court of lndia gave certain guidelines at paragraph No.20, which are as follows: "20. To sum up we direct as under: (1) No sooner the seizure of any Narcotic Drugs and Psychotropic and controlled Subsfances and Conveyances is effected, the same shall be fonuarded to the officer in-charge of the nearest police station or to the officer empowered lJnder Secfion 53 of Act. The officer concerned shall then approach the Magistrate with an application under Section 52A(ii) of the Act, which shalt be allowed by the Magistrate as soon as may be required under Sub-Secllon 3 of Section S2A, as dlscussed by us in the body of this judgment under the heading ,seizure and sampling'. The sampting shalt be done underthe '120t6.y: scc :29 ;-= -;.7 3 supen*ision of the magistrafe as dlscussed in paras 13 and 14 of this order. (2) The Central Government and its agencies and so also the State Governments shall within six monlhs from today take appropriale sfeps fo sel up storage facilities for the exclusive storage of seized Narc<"'tic Drugs and Psychotropic and controlled Strbsfances and Conveyances duly equipped with vaults and double tocking sysfem to prevent theft, pilferage or replacement of the seized drugs. The Cent'ral Government and the State Governments shall a[so designate an officer each for their respective storage f acility, and provide for other sleps, measures as stipulitted in Standing Order No. 1/89 to ensure proper security against theft, pilferage or replacement of the seized drugs. (3) The Central Government and the Sfafe Governments shall be free to set up a storage facrlity for each district in fhe States and depending Ltpon the extent of seizure and store required, one stor'age facility for more than one dlstrlcts. (4) Disposal of the seized drugs currently lying in the policet maalkhans and other places used for storage shatl be carried out by the DDCs concerned in terms 4 of the directions issued by us in the body of this judgment under the heading Ulsposa/ of drugs'.',

05. ln Sunderbhai Ambalal Desai v State of Gujarath2, the Honourable Supreme Court of lndia held that whatever be the situation, it is of no use to keep such seized vehicles at the Police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles. Various High Courts in the Judgments stated above, ,after referring to various provisions of the Act, including Sections _ 52_ A,60 and 63 and various provisions of Cr.p.C., and also the principle laid down in the decision of Sunderbhai Ambalal Desai and Mohanlal cited supra, ordered to be released the vehicles seized in the crimes for the offences under the Act.

06. ln view of the above said legal position, this Criminal Petition is disposed of directing the respondent No.2 to grant interim custody of the vehicle in question on condition that the '? (2002) to scc 238 5 Y:i*s* 1 petitioner shail execute a personal bond for a sum of Rs.1,00,000/- to the satisfaction of the learned Judicial First Class [/lagistrate, lVlahabubabad, on proper verification of ownership. The petitioner shall file an undertaking before the Iearned Magistrate to the effect that he shall produce thb crime vehicle as and when required either before the lnvestir;ating Officer or before the concerned Court and that he shall not alienate. alter or change the nature of vehicle As a sequel, miscellaneous petition, if any, pendinq shall stand closed //TRUE COPY// Sd/- MOHD. ISMAIL ASSISTANT REGISTRAR ECTION OFFICER

1. The Additional Judicial First Class lvlagistrate at Mahabubabad 2. The Station House Officer, Kesamudram police Station, Mahabubabad 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, 4. One CC to Sri R Giri Kumar, Advocate [OPUC] 5. Two CD Copies Hyderabad IOUT] To, VAJDL HIGH COURT DATED:0510212025 L tr\ 9F TEi \c .$ .r *.tb \s lr airj + l_r? ? -a-, c t,l- ,! 1c ORDER GRLP.No.1589 of 2025 i I 1 : I I I I I i I ! DISPOSING OF THE CRLP (+ .V q;) C 4:C(=d^t-5 Y