Andhra Pradesh High Court - Amravati
Dachepalli Ramesh Babu, vs The State Of Ap on 25 August, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.313 OF 2020
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking Writ of mandamus, declaring the action of Respondent Nos. 2 to 5 in opening a suspect sheet bearing No.446/2019 against the petitioner as illegal, arbitrary and violative of petitioner's fundamental right guaranteed under Articles 20 & 21 of the Constitution of India and calling the petitioner to the police station regularly on the said basis and consequently set-aside the said suspect sheet.
The petitioner was arrayed as an accused in various cases for the crimes punishable under Sections 420,188,272,273,120-B of Indian Penal Code (for short 'I.P.C') and for the offences under Sections 57,58,59 and 63 of Food Safety and Standards Act, 2001 (for short 'FSS Act') for seizing and sale of banned tobacco products. The cases were registered against the petitioner about five years back. One crime was registered against the petitioner on the ground that he is selling fire crackers on the eve of festival of Diwali. All the cases registered against the petitioner ended in acquittal after full- fledged trial. The cases registered against this petitioner with regard to possessing and sale of banned tobacco were quashed by this Court in a petition was filed under Section 482 Cr.P.C. A suspect sheet was opened against this petitioner on the ground that he has involved in crimes pertaining to possession and sale of tobacco products. All the said crimes were quashed holding that they do not fall under the provisions of Indian Penal Code and further held that MSM,J WP No.313 of 2020 2 tobacco is not food and the tobacco products are governed by The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short 'COTPA Act'). Hence, no offence is made out for sale of Tobacco products. It is specifically contended that, opening of suspect sheet against this petitioner is illegal and contrary to Standing Order No.601 of the Andhra Pradesh Police Manual and requested to declare the action of the respondents as illegal, arbitrary and set-aside the same.
The third respondent filed counter affidavit denying material allegations, inter alia, contending that the petitioner has got scant respect towards the law and he has involved in as many as criminal cases as possible, registered on the file of Piduguralla Rural Police Station and Renta Chintala Police Station of Guntur Rural District, which are tabulated hereunder:
S.No Crime No. Offences Result
1 Cr.No.295/2012 Section 286 IPC Ended in acquittal on
Section 5 of 22.04.2015
Explosives Act vide CC. No.5/2013
2 Cr.No.309/2012 Section 286 IPC Ended in acquittal on
Section 9(b)(i) of 22.04.2015
Explosives Act vide CC. No.28/2015
3 Cr.No.93/2017 Section 273 r/w 34 Quashed as per the
IPC orders of High Court in
Crl.P.No.2365/2019
dated 15.04.2019
4 Cr.No.13/2018 Sections Quashed as per the
188,273,420,120(B) orders of High Court in
IPC and Crl.P.No.2366/2019
Sections 58,59,63 of dated 29.05.2019
Food Safety
Standards Act, 2006
5 Cr.No.207/2018 Sections Quashed as per the
188,273,420,120(B) orders of High Court in
IPC and Crl.P.No.2694/2019
Sections 58,59,63 of dated 16.04.2019
Food Safety
Standards Act, 2006
6 Cr.No.208/2018 Sections Quashed as per the
188,273,420,120(B) orders of High Court in
IPC and Crl.P.No.2697/2019
Sections 58,59,63 of dated 26.06.2019
Food Safety
Standards Act, 2006
MSM,J
WP No.313 of 2020
3
7 Cr.No.109/2018 Sections
188,273,420,120(B)
IPC and
Sections 58,59,63 of
Food Safety
Standards Act, 2006
of Rentachintala
Police Station
8 Cr.No.13/2018 Sections Quashed the FIR as per
188,273,420,120(B) the orders of the High
IPC of Rentachintala Court in Crl.P.No.2366/
Police Station 2019 dated 29.05.2019
It is submitted in the counter affidavit that, the petitioner is doing clandestine Gutka, Panparag, Khine business in Palnadu area by supplying to the big and petty shops in the surrounding areas for wrongful gain. The Gutka, Khine, Panparag were declared as prohibited contraband items by the Government of Andhra Pradesh for the last four years, but the petitioner is carrying on business. To curb and curtail the petitioner business of sale of banned products, after obtaining permission from Sub-Divisional Police Officer, Sattenapalli on 02.10.2018, a suspect sheet vide proceedings C.No.45/HS/SDPO-SPL/2018 has been opened against the petitioner herein on the file of Piduguralla Police Station and the said suspect sheet is being continued and renewed from time to time.
It is contended that, the petitioner is involved in serious offences, a suspect sheet is opened and being continued and that there are no grounds to declare the suspect sheet as illegal and requested to dismiss the writ petition.
During hearing, learned counsel for the petitioner and learned Assistant Government Pleader for Home reiterated the contentions urged in the writ petition.
Considering rival contentions, perusing the material on record the point that arises for consideration is:
MSM,J WP No.313 of 2020 4 "Whether opening of suspect sheet bearing No.446/2019 against this petitioner is in compliance of Standing Order 601 of A.P. Police Manual. If not whether the suspect sheet bearing No.446/2019 be declared as illegal, arbitrary and liable to be set-aside?"
P O I N T:
It is an undisputed fact that this petitioner is an accused in several crimes and he was found not guilty in various crimes referred above. A crime was registered against this petitioner under Food Safety Standard Act, but, it was quashed by this Court in Crl.P.No.2697 of 2019 dated 24.04.2019 under Section 482 Cr.P.C. Copy of the orders passed by this Court in Crl.P.No.2697 of 2019 dated 24.04.2019, Crl.P.No.2365 of 2019 dated 15.04.2019 and Crl.P.No.2366 of 2019 dated 15.04.2019 are placed on record.
Whereas, the reason for opening suspect sheet is involvement of this petitioner in various crimes. No doubt, Standing Order 601 of A.P. Police Manual specifies circumstances under which a suspect sheet can be opened.
Suspect sheet can be opened only as per Standing Order 600 (1) of A.P.Police Manual, which reads as follows:
"600-1.The following persons should be classified as suspects and History Sheets shall be opened for them under the orders of the Superintendent of Police/ SDPO. SDPO should furnish crime particulars of individual available of other Police station. A copy of suspect sheet compulsorily to be sent to the concerned Police station(native place of the history sheeted person).
1. Persons convicted under any section of the Indian Penal Code who are considered likely to commit crime again, and
2. Persons, not convicted, but believed to be addicted to crime.
MSM,J WP No.313 of 2020 5
3. Members of criminal gangs or organised criminal syndicates who have been charge sheeted
4. Communal and Caste activists who are known to instigate, organise violence or spark off communal or caste riots.
5. Smugglers, hoarders, black marketers and for professional land grabbers, boot legers, sand smugglers persons charged under money laundering Act.
6. Assault on Public Servant
7. Attempt to murder(307 IPC), Murder(302 IPC)
8. Chain snatching
9. Externed under City Police Act/other Acts like Anti-Social Hazardous Activities(Prev)Act.
10. Externed under Anti-Social Activities Hazardous Activities (Prevention) Act, 1980 and other Acts.
11. Rape cases u/s 376 IPC, 376A, C, D, E
12. Trafficking cases u/s 370, 370A, 366 A, 366B, 372, 373 IPC including Immoral Traffic Prevention Act sections.
13. Cases of POCSO (Protection of Children from Sexual Offences) Act,2012.
14. Cases u/s 354, 354A to 354D), 326 A, 326 B, IPC.
15. Listed accused in Multi-level Marketing cases / White collar crime.
16. Persons charged under unlawful Activities (Prevention) Act."
At the same time, Standing Order 602 of A.P.Police Manual stipulates that care should be taken to see that History Sheets are opened under this Order only for persons who are likely to turn out to be habitual criminals or who are members of organised crime syndicates or such organisations who had history or plan for violence and therefore, require close surveillance. The material and MSM,J WP No.313 of 2020 6 information collected to obtain orders from the Superintendent of Police or other officers authorised to order opening of history sheets in this category should bring out the above requirements. In the present facts, Standing Order 601 of A.P. Police Manual is not applicable, but 600 (1) of A.P. Police Manual is applicable, subject to satisfying mandatory requirement in Standing Order 600 (2) of A.P. Police Manual.
In the present facts of the case, no conviction was recorded against this petitioner to attract Clauses (1) & (2), but believed to be addicted to crime, or members of criminal gangs or organised criminal syndicates who have been charge sheeted or communal and caste activists who are known to instigate, organize violence or spark off communal or caste riots or smugglers, hoarders, black marketers and for professional land grabbers, boot leggers, sand smugglers persons charged under money laundering Act. The petitioner was neither involved in any crime for rape punishable under Section 376 I.P.C nor involved under Trafficking cases under Sections 370, 370A, 366 A, 366B, 372, 373 IPC including Immoral Traffic Prevention Act sections or any other cases enumerated in Standing Order 602. When the petitioner do not fall in any of the categories from 1 to 16 in Standing Order 600(2), pending of suspect sheet against this petitioner bearing No.446/2019 on the file of Piduguralla Police Station and its continuation in the guise of commission of offences which are the subject matter of criminal petition referred above and quashed by this Court is an illegality. Hence, I find that the action of the Respondent Nos. 2 to 5 in opening suspect sheet against this petitioner is illegal and arbitrary.
MSM,J WP No.313 of 2020 7 In the result, writ petition is allowed, declaring the action of Respondent Nos. 2 to 5 in opening suspect sheet against this petitioner is illegal and arbitrary and consequently, directed the third respondent to remove the suspect sheet against the petitioner.
Consequently, miscellaneous petitions pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:25.08.2020 sp