WP/46585/2016 of Sabbavaram Siva , Siva Kumar, Vs The State of Andhra Pradesh, on 30 December 2016

ORDER:

WRIT PETITION No.46585 of 2016

1. This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking to quash the condition Nos.1 & 2 in the order dated 06.10.2016 imposed by the Metropolitan Sessions Judge-cum-Special Court for N.D.P.S. Cases at Visakhapatnam in Crl.M.P.No.3083 of 2016.

2. Heard and perused the material available on record.

3. The petitioner is the owner of Maruti Suzuki Alto Car bearing registration No.AP 31VY TR 9183 and the said car was seized in connection with Crime No.30 of 2016 on the allegation of transportation of ganja. Seeking interim custody of the said car, petitioner filed Crl.M.P.No.3083 of 2016 before the Metropolitan Sessions Judge-cum-Special Court for N.D.P.S. Cases at Visakhapatnam and by orders dated 06.10.2016 the Court below while granting interim custody of the car imposed certain conditions. Among the conditions, petitioner seeks to quash the condition Nos.1 and 2, which reads thus:

“1. The petitioner shall furnish a fixed deposit equivalent to the value of the vehicle as determined by the Motor Vehicle Inspector and to the satisfaction of the Additional Judicial First Class Magistrate, Visakhapatnam;

2. The petitioner shall keep this fixed deposit alive till conclusion of the trial”

4. Considering the facts and circumstances of the case and the grievance of the petitioner, without expressing any opinion on merits, the Writ Petition is disposed of with the following directions:

“Condition Nos.1 & 2 in the order dated 06.10.2016 imposed by the Metropolitan Sessions Judge-cum-Special Court for N.D.P.S. Cases at Visakhapatnam in Crl.M.P.No.3083 of 2016 are hereby set aside and instead, the petitioner is directed to execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) to the satisfaction of the Additional Judicial First Class Magistrate, Visakhapatnam. All other conditions imposed by the Court below are not interfered with.”

There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

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RAJA ELANGO, J30[th] December, 2016 Tsr