Andhra Pradesh High Court - Amravati
Gandhi Rama Rao vs The State Of Andhra Pradesh on 7 January, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.6230 OF 2020
ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/A2 in the event of his arrest in connection with Crime No. 227 of 2020 of Parvathipuram (R) Police Station, Vizianagaram District registered for the offences punishable under Sections 7(A) and 8(E) of the Andhra Pradesh Prohibition Act, 1995 (for short 'Prohibition Act').
2. The case of prosecution is that on 13.10.2020 at about 5:00 P.M. on receiving credible information the Sub-Inspector of Police, Parvathipuram Rural Police Station rushed to the outskirts of M.R. Nagaram village and while he was conducting vehicle search one Tavera car bearing No.AP 30 F 1789 which was coming from Alamanda (Odissa) towards Parvathipuram was stopped. On search the Police found 20 plastic canes each containing 20 liters of ID liquor total 400 liters of ID liquor with A1 and A1 was arrested. The petitioner herein is arrayed as A2 solely basing on the confession statement of A1 wherein he stated that the petitioner is doing ID liquor business and on his instructions A1 was transporting ID liquor to Parvathipuram from Alamanda to sell the same at higher price in Parvathipuram.
3. Heard Sri B.S.S.Prasad, learned counsel for the petitioner and the learned Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that the petitioner has nothing to do with the alleged offence but he is 2 implicated in the case solely basing on the confession statement of A1.
5. Learned Public Prosecutor submits that A1 was already arrested and the investigation is in progress. Hence, he opposed grant of pre-arrest bail to the petitioner.
6. Taking into consideration the specific overt acts attributed against the petitioner, the fact that the investigation is still pending and A1 was already arrested this Court is not inclined to grant bail to the petitioner.
7. The learned counsel for the petitioner submits that the petitioner will surrender before the Court below, and on such surrender the Court below shall consider the bail application of the petitioner on the same day in accordance with law.
8. With the above direction, this Criminal Petition is disposed of.
Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ LALITHA KANNEGANTI, J Date :07.01.2021 Note : Furnish copy by 08.01.2021 B/o IKN 3 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No. 6230 OF 2020 07.01.2021 IKN Furnish copy by 08.01.2021