Dusapathni Raju v. The State Of A.P Rep By Its P.P

HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL REVISION CASE No.3399 OF 2017 ORDER:

Heard the learned counsel for the petitioner and learned Additional Public Prosecutor.

This Criminal Revision Case is filed by the petitioner having been aggrieved by the conditions 1 and 2 imposed by the learned Metropolitan Sessions Judge-cum-Special Court for the NDPS cases at Visakhapatnam in common order dated 1-2-2017 for releasing the vehicle i.e., Mahindra Bolero Maxi Truck Plus Van bearing No.AP 31 TG 3525.

As per conditions 1 and 2, the petitioner was directed to furnish a fixed deposit equivalent to the value of vehicle mentioned supra and he is also further directed to keep the Fixed Deposit alive till conclusion of trial.

Learned counsel for the petitioner would submit that the impugned conditions 1 and 2 cause much hardship to the petitioner as he is an agriculturist and lives by transporting his agricultural produce in the vehicle and he is unable to produce the Fixed Deposit worth equivalent to the value of the vehicle and thus, learned counsel seeks to modify the aforesaid conditions 1 and 2.

Learned Additional Public Prosecutor would submit that in case, the conditions are modified, the interest of prosecution may be safeguarded by making suitable and alternative conditions. In view of the above submissions, conditions 1 and 2 in the impugned order are modified to the effect that the petitioner shall furnish third party property security to a tune of Rs.6,00,000/- (Rupees six lakhs only) to the satisfaction of the Additional Judicial First Class Magistrate, Chodavaram.

It is needless to emphasise other conditions imposed by the learned Metropolitan Sessions Judge shall hold good. Accordingly, this Criminal Revision Case is disposed of. As a sequel, miscellaneous applications pending if any, shall stand closed.

___________________________ JUSTICE U.DURGA PRASAD RAO Dated 23rd January, 2018.

Note:

Issue C.C. tomorrow.

BO Dvs

HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL REVISION CASE No.3399 OF 2017 Dated 23rd January, 2018 .