Andhra Pradesh High Court - Amravati
Naggannaguttapalem Chandra Sekar ... vs The State Of Andhra Pradesh on 1 December, 2025
[ 3368 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE FIRST DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
iPRESENT:
HONOURABLE SRI JUSTICE B V L N CHAKRAVART
lA No. 1 OF 2025
IN
CRLA NO: 787 OF 2025
- Between:
1. Naggannaguttapalem Chandra Sekar Naidu, S/o Balappa Naidu, Aged
53 years, R/o. GollavanikuntaH/o. Papepalli Village, Peddamandyam
Mandal, Chittoor District.
2. Naggannaguttapalem Reddy Sekar Naidu, S/o. N. Chandra Sekar
Naidu, Aged 30 yrs, Gollavanikuta, H/o. Papepalli
Village,Peddamandyam Mandal, Chittoor District.
Appellants/Accused No.1&2
(Petitioner in CRLA 787 OF 2025
on the file of High Court)
AND
The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court
of Andhra Pradesh at Amaravati
...Respondents
(Respondents in-do-)
- Counsel for the Petitioner :SRI D PURNACHANDRA REDDY
Counsel for the Respondent :PUBLIC PROSECUTOR
Petition under Section 430 (1) of BNSS is filed praying that in the
circumstances stated in the grounds filed in support of the petition, the
High Court may be pleased to suspend the execution of sentence
dt.18.11.2025 passed in RSS S.C.No. 98 of 2023 on the file of the Special
Court in the Cadre of Addl. District & Sessions Judge for Trial of Red Sanders
Smuggling Cases, Tirupati, Pending disposal of CRLA No. 787 of 2025 on
the file of the High Court.
ORDER:
Heard Sri D.Purnachandra Reddy, learned counsel for the petitioners/appellants / convicts / A1 and A2 and learned Additional Public Prosecutor representing the State.
This application is filed to suspend the execution of sentence imposed by the learned Special Court in the Cadre of Additional District and Sessions Judge for Trial of Red Sanders Smuggling Cases, Tirupati, dated 18.11.2025 in RSS S.C.No.98 of 2023.
Learned counsel for the petitioners/convicts/AI and A2 would submit that the petitioners were found guilty for the offence Under Rule 3 of A.P.Sandal Wood & Red Sanders Wood Transit Rules, 1969 punishable U/s.29(4)(a)(i) of A.P.(Forest) Act, 1967 and 379 IPC and accordingly, they were convicted U/s.235(2) Cr.P.C., and sentenced to undergo Rigorous Imprisonment for a period of one (01) year each, and to a pay fine of Rs.10,000/- (Rupees Ten Thousand only) each, in default of payment of fine, the petitioners/ A1 and A2 have to undergo simple Imprisonment for a period of three months each for the offence Under Rule 3 of A.P.Sandal Wood & Red Sanders Wood Transit Rules, 1969 punishable U/s.29(4)(a)(i) of A.P.(Forest) Act, 1967.
Further, the petitioners were sentenced to undergo rigorous imprisonment for a period of two (02) years each and to pay a fine of Rs.10,000/- (Rupees Ten Thousand only) each, in default of payment of fine, the petitioners shall undergo simple imprisonment for a period of three (03) months each. Both the sentences shall run concurrently.
Learned counsel for the petitioners would further submit that the petitioners preferred the present appeal challenging the judgment of trial Court on various grounds on facts and law. The present application i: IS filed to suspend the execution of sentence alone, pending disposal of the appeal.
Learned counsel for the petitioners further submit that the learned trial Court erred in convicting the appellants, and failed to consider that no independent witnesses were examined to prove the seizure of the red Sander as alleged in the case, and there are fair chances to succeed in the appeal.
Learned counsel for the petitioners further submit that the petitioners paid the fine amount and filed original receipts along with the appeal grounds.
Learned Additional Public Prosecutor representing the State opposed the present application. No written objections were filed, but fairly conceded that there are no antecedents against the petitioners/convicts, which would show that they involved in similar offence.
Considering the above facts and circumstances, and as the petitioners paid the fine amount and as some time may take to dispose of the appeal, the order of sentence of imprisonment alone dated 18.11.2025 passed in RSS S.C.No.98 of 2023 on the file of the learned Special Court in the Cadre of Additional District and Sessions Judge for Trial of Red Sanders Smuggling Cases, Tirupati, is hereby suspended, pending disposal of the appeal, in respect of the appellants/con victs/AI and A2 subject to the following conditions:
i) The petitioners/appellants shall be enlarged on bail, on executing a personal bond for Rs.20,000/- (Rupees Twenty Thousand only), each, with two (02) sureties for a like sum each, to the satisfaction of the learned trial Court,
ii) On release, the petitioners / appellants shall appear before the learned trial Court, on every fourth Saturday of the month, till disposal of the Appeal.
iii) The petitioners/appellants shall not leave the country without permission of the Court,
iv) The petitioners/appellants shall not involve in any similar offence in future in any manner,
v) If the petitioners/appellants violate any of the above conditions, the prosecution is at liberty to file an application seeking cancellation of the bail.
Accordingly, the application is ordered SD/-B.CHITTI JOSEPH STRAR //TRUE COPY// SECTION OFFICER F To,
1. The Judicial Magistrate of I Class, Thamballapalli
2. The Special Court in the Cadre of Addl. District & Sessions Judge for Trial of Red Sanders Smuggling Cases, Tirupati
3. One CC to SRI. D PURNACHANDRA REDDY Advocate [OPUC]
4. Two CCs to Public Prosecutor, High Court of AP [OUT]
5. One spare copy Kj T HIGH COURT BVLNC,J DATED:01/12/2025 LIST THE MATTER IN THE SECOND WEEK OF FEBRUARY, 2026.
ORDER
lA No. 1 OF 2025
IN
CRLA.No.787 of 2025
CSI
lA No. 1 OF 2025 IS ORDERED 02 DEC m
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