CRLP/16612/2026 of Mahesh Mandal Vs The State of Telangana on 8 October 2026

ORDER

This Criminal Petition has been filed aggrieved by the order dated 17.09.2026 passed by the leamed I Additional Disrrict and Sessions Judee at L.B.Nagar in CI1.M.P. No.328 of 2026 in Crime No.10 of 2026 of Rachakonda Narcotics Police Station. rvhere under, the petition filed by the petitioner seeking to handover the interim custody of the vehicle has been dismissed

2. Heard Sri B. Muralidhar, leamed counsel for the petitioner and Sri V. Jithendar Rao Veeramalla, learned Additional public Prosecutor appearing for the State - respondent.

3. Leamed counsel for the petitioner submits that the petitioner is the owner of the vehicle i.e., Omni Bus (HPV) Ve Commercial vehicle limited mode PRO 6019LPO CWC AC BSVI bearing registration No.OD30H2277 (for short 'the subject vehicie') and the subject vehicle was seized by the SHO Rachakonda Narcotics Police Station in connection with Crime No.10 of 2026' Though the petitioner has not committed any offence, the petitioner's vehicle was seized in connection with Crime No.10 of 2026 on the ground that the alleged contraband was recovered from the possession of the accused Nos. 1 to 3, who were travelling in the subject vehicle. The petitioner had no knowledge about the alleged contraband or had not having any connection with Crime No'10 of 2026 and he has not been arrayed as accused in the said crime' The petitioner purchased the subject vehicle by availing a loan from HDFC bank and has been eking out his livelihood from the income derived through the subject vehicle and he is also paying monthly instalments to the subject vehicle. The subject vehicle was seizeci on 11.07 .2026. Since the said vehicle was in the custody of the Rachakonda Narcotics Police, the petitioner filed a petition before the trial Court seeking interim custody of the subject vehicle. However, the leamed trial Court without properly appreciating the contentions raised by the petitioner, dismissed the petition solely on the ground that the subject vehicle wzrs involved in the offence under NDPS Act and the investigation is under progress. Unless the subject vehicle is given to the petitioner by way of interim custody, he will be put to great hardship. He further submits thar the petitioner is ready and willing to abide by the conditions, rvhich may be imposed by this Court.

4. Per contra, learned Additional public prosecutor submits that the leamed trial Court has rightly dismissed the petition as petitioner's vehicle was involved in heinous offence under NDpS Act. The investigation is under progress, at this stage, the petitioner is not entitled to seek interim custody of rhe subject vr:hic1e.

5. Having considering the rival submissions made by the respective parlies and after perusal of the material or record, it reveals that the petitioner is the owner of the vehicte r.egistration Nc.OD30H2277 andthe said vehicle was seized on 11.07.2026 in connectiorr rvith crime No.l0 of 2026 for the offences punishable under Sections 8(c) read with 20(b)(ii)(c) and 29 of the NDpS Act.

The record lurther reveals that the petitioner was not arrayed as accused in Crime No.10 of 2026 and the said vehicle was kept in the custody of the SHO Rachakonda Narcotics police Station. Even according to the prosecution, the petitioner is not the accused in the said crime and the vehicle was not deposited before the leamed trial Court.

6. Taking into consideration of the facts and circumstances, the impugned order passed by the 1earned trial Court dated 17.09.2026 is set-aside by granting interim custody of the subject vehicle to the petirioner subject to following conditions. 1 . The Station House Officer is directed to produce the vehicle before the trial Court.

2. The petitioner executes a personai bond fbr a sum of Rs.i,00,000/_ (Rupees One Lakh only) with two sureties (one local surety) each for a likesum to the satisfaction of the ieamed trial Court. The petitioner shall also furnish an undefiaking that he shall not alienate the vehicle change its physicat

OI features.

4. The Station House Officer is directed to address a letter to RTA Authority not to transfer the vehicle in favour of any third parties till completion of proceedings in Crime No. i0 of2026. '1 Accordingly, the criminal petition is disposed of. Pending miscelianeous applications, if any, shall stand c Iosed. , SD/-L VIJAYA LAXMI ASSISTANT REGISTRAR To, //TRUE COPY/' ,il: SECTibN OFFICER l(

1. The I Additional District and Sessions Judge' Ranga Reddv

2. The Special Judicial First CIass Excise ttlagistrate cum V Additional Metropolitan l/lagistrate "" v noo't'onal Junioi Civil Judge at LB Nagar' Ranga Reddy District

3. The Station House Officer, Rachakonda Narcotics Police Station' Eagle force, Abids, HYderabad

4. One CC to SRl. B IVIURALIDHAR' Advocate [OPUC]

5. Two CCs to PUBLIC PROSECUTOR High Court for the State of Telangana' at HYderabad [OUT]

6. Two CD CoPies ADK/ABK F.F

HIGH COURT DATED: 0811012026

ORDER

CRLP.No.16612 of 2026 DISPOSING OF THE GRLP \(ope \ l+\ro\r-a -a pj eoF r€ 9ru + a .^.-. o a I.l. f-

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