VATTI BALA SUMANTH REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed seeking the Court to quash the order dtd. 5/3/2025 passed in Crl.M.P.No.26 of 2025 in Crime No.352 of 2024 of Afzalgunaj Police Station, Hyderabad and Consequently, prayed the Court to direct the concerned to release of the Car of the Petitioner vide Hyundai i20 vehicle bearing No.TS-08-GV-0799 to the GPA Holder/father of the petitioner.

(2.) The brief facts of the case are that the petitioner filed a petition before the trial Court vide Crl.M.P.No.26 of 2025 in Crime No.352 of 2024 under Sec. 497 read with 503 of BNSS, seeking interim custody of a Hyundai i20 vehicle bearing registration No.TS-08-GV-0799. As per the prosecution, on 22/7/2024 at approximately 17:50 hours, at the OGH parking lot located behind the mortuary at Afzalgunj, Hyderabad, the accused were found in possession of 1.3 kg of ganja, 1 gram of OG ganja weed, vehicles and cell phones. Consequently, the petitioner, along with other accused persons, is alleged to have committed offenses punishable under Sec. 8(c) read with Sec. 20(b)(ii)(B) and Sec. 27 of the NDPS Act.

(3.) After hearing both sides, the trial Court, by order dtd. 5/3/2025 dismissed the petition observing that the seized vehicle belonged to accused No.1, who has been absconding since the registration of the case and is reportedly residing in the UK. The vehicle is now being claimed by his father through a General Power of Attorney (GPA). However, a GPA holder may not possess the legal authority to claim the vehicle on behalf of the owner under the NDPS Act. Granting custody of the seized vehicle to a GPA holder is generally barred unless there is a specific legal provision or Court order permitting it. Aggrieved by the dismissal, the petitioner has filed the present criminal petition.