Moturu Sathi Babu, v. The State Of Andhra Pradesh,

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.46718 of 2016 ORDER:

1.

This writ petition is filed by the petitioner under Article 226 of the Constitution of India aggrieved by conditions Nos.1 and 2 imposed by the Metropolitan Sessions Judge-cum-Special Court for NDPS Cases at Visakhapatnam, while granting interim custody of Car bearing Reg.No.AP 31 CB 1782 to the petitioner, vide order dated 9.8.2016 in Crl.M.P.No.1641 of 2016.

2.

The condition Nos.1 and 2 challenged in this petition are as follows: "(1) The petitioner shall furnish a bank guarantee equivalent to the value of the vehicle as determined by the Motor Vehicle Inspector and to the satisfaction of the Magistrate concerned; (2)The petitioner shall keep the bank guarantee alive till conclusion of the trial."

3.

Heard and perused the material available on record. 4.

Considering the circumstances of the case and the submissions made by the learned Counsel for the petitioner, this Court is inclined to pass the following order:

"Conditions Nos.1 and 2 imposed by the learned Metropolitan Sessions Judge-cum-Special Court for NDPS Cases at Visakhapatnam, in Crl.M.P.No.1641 of 2016, vide order dated 9.8.2016, while granting interim custody of Car bearing Reg.No.AP 31 CB 1782 to the petitioner, are set aside. However, the petitioner is directed to execute a personal bond for a sum of Rs.5,00,000/- (Rupees Five Lakhs only) with one surety for the like sum to the satisfaction of the Magistrate concerned, for release of the above vehicle. Rest of the

conditions imposed by the learned Metropolitan Sessions Judge shall remain."

5.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed. ________________ RAJA ELANGO, J Date: 2nd January, 2017 Nn

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.46718 of 2016 Date: 2nd January, 2017 Nn