Andhra Pradesh High Court - Amravati
Babar Patil, vs The State Of A.P. on 24 November, 2020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY , THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 4273 OF 2020 Between: Babar Patil, S/o. M.B.Patil. ..» Petitioner/A 1. AND The State of A.P., rep by its Public Prosecutor High Court of AP, at Amaravathi. Through P.S. Kanchikacherla, Krishna,Dist., A.P. .... Respondent Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed the Criminal Petition, the High Court may be pleased to Grant Anticipatory Bail in the event of arrest of the Petitioner/A-1 in pursuance of the crime vide FIR No.745 of 2020 Dt.04-07- 2020, Registered U/Sec. 328, 269, 270, 273 r/w 34 IPC 86 Sec. 5(1), 22 of COTPA 85 Sec. 8(C) r/w 20 (b) (ii) (C) of NDPSA on the file of 'SHO of PS Kanchikacherla, Krishna District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri S M Subhan Advocate for the Petitioner, and of Public Prosecutor for the Respondents and the Court made the following. ORDER
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.4273 of 2020 ORDER:-
| This petition is filed under Section 438 of Code of the Criminal | Procedure, 1973 (for short 'Cr.P.C.')) to grant pre arrest bail to the petitioner/A-1 in the event of his arrest in connection with Crime No.745 of 2020 of Kanchikacherla Police Station, Krishna District for the offences punishable under Section Sections 328, 269, 270, 273 r/w 34 of the Indian Penal Code, 1860 (for short IPC), Section 5S(1) and 22 of Cigarettes and Other Tobacco Products Act, 2003 (for short 'COTP Act?) and Section 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act").
2. The case of prosecution is that on credible information about the transportation of ganja illegally, the police found five vehicles and five persons stayed side by side and shifting some bales from one car to another car. On seeing the police the said persons tried to escape from the spot. The police caught hold of them and asked their address particulars and material on the bales and reasons for their escaping. They stated that they are purchasing gutka and khainee from one Babar Patel of Bidar who is the petitioner herein for lesser price and selling the same higher price. It is also stated that they are also purchasing ganja. Basing on the same, the present crime was registered for the aforementioned offences.
3. Heard Sri S.M.Subhan, learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner/A-1 submits that as far as the allegations under the NDPS Act are concerned, no contraband has been seized from the possession of the petitioner. Even as per the mediators report, other accused purchased gutka, khainee from the petitioner. Learned counsel for the petitioner submits that Section 273 I.P.C. deals with sale of noxious food or drink. Section 328 I.P.C. deals with causing hurt by means of poison with an intention to commit an offence. He further submits that the seized tobacco products are governed under the provisions of COTP Act and does not fall under the category of food.
5. Learned counsel for the petitioner placed reliance on the common order dated 18.12.2019 passed by a coordinate bench of this Court in Criminal Petition Nos.5421 of 2019 and batch, wherein it was held that "tobacco" does not fall within the definition of "food" as specified under Section 3(i)(j) of the Act, therefore, registration of FIR is not permissible. Learned counsel for the petitioner also submits that in Crl.P.No.5103 of 2019 and batch, another coordinate bench of this Court has quashed all the CCs as well as FIRs. He further relied on the orders of this Court in Crl.P.Nos.3797 of 2020 dated 01.09.2020 and 3802 of 2020 dated 21.09.2020. Hence, he submits that in terms of the said orders, this Criminal Petition may be allowed.
6. The same is not disputed by learned Additional Public Prosecutor appearing for the respondent-State.
7. In view of the fact that the only allegation against the petitioner is that the accused purchased gutka and khainee from the petitioner and in the light of the orders passed by this Court in batch of cases, this Court feels that it is a fit case to grant pre arrest bail to the petitioner.
To,
8. Accordingly, this Criminal Petition is allowed. The petitioner/ A-1 shall be enlarged on bail in the event of his arrest on execution of self bonds for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer, Kanchikacherla Police Station, Krishna District. The petitioner shall cooperate with the investigating agency and shall not leave the State without prior permission of the jurisdictional Magistrate.
Consequently, miscellaneous applications pending, if any, shall stand closed.
Sd/- R. KARTHIKEYAN | REGISTRAR ASSISTAN',
4. The Station House Officer, P.S. Kanchikacherla, Krishna, District.
2. One CC to Sri. S M Subhan Advocate [OPUC]
3. Two CC's to Public Prosecutor, High Court of AP, Amaravati[OUT]
4. One spare copy PR For ASSISTANT REGISTRAR / HIGH COURT LKJ DATED:24/11/2020 ORDER CRLP.No.4273 of 2020
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