Andhra Pradesh High Court - Amravati
P.Siva Satyanarayana vs The State Of Andhra Pradesh on 17 September, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.5129 of 2021
ORDER:-
This petition is filed under Sections 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking pre-arrest bail to the petitioner/A-3 in the event of his arrest in connection with Crime No.344 of 2021 of Chilakaluripet Town Police Station, Guntur District for the offences punishable under Sections 272, 273, 328 of the Indian Penal Code, 1860 (for short 'IPC'), Sections 7(1), 7(3) and 20(2) of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulationof Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short 'COTPA Act) and Section 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1986 (for short 'NDPS Act').
2. The case of prosecution is that on 13.06.2021 on receipt of information about banned tobacco products at the house of Cheekati Krishna Murthy in Maddi Mallaiah Stereet, Chilakaluripet Town, he along with mediators went there and found two persons and when they tried to run away, police apprehended them and they disclosed their identity as Cheekati Raju and Siddappa Anjaneya Telgar. On enquiry, they confessed that they are doing tobacco products business and also ganja business. Basing on the confession of A-1, the petitioner was arrayed as A-3 in the crime.
3. Heard Sri Raja Reddy Koneti, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State. 2
4. Learned counsel for petitioner submits that as far as the petitioner is concerned, there is no allegation that he is dealing in any product other than tobacco products and nothing is seized from the petitioner and he is no way concerned with the allegations in the complaint. He submits that this Court in Crl.P.No.5421 of 2019 and batch dated 18.12.2019 already quashed the crime in respect of offences under IPC, FSS Act and COTPA Act, and further other accused were already enlarged on bail vide order dated 12.07.2021 in Crl.P.No.3562 of 2021 passed by this Court, as such, his case may be considered for grant of bail.
5. Learned Assistant Public Prosecutor also does not dispute that this case is covered by orders passed by this Court in Crl.P.No.5421 of 2019 and batch dated 18.12.2019.
6. Taking into consideration the orders passed by this Court in Crl.P.No.5421 of 2019 and batch dated 18.12.2019, other accused were already enlarged on bail, and further there is no material available on record connecting the petitioner in respect of offences under the provisions of NDPS Act, this Court deems it appropriate to grant pre-arrest bail to the petitioner.
7. Accordingly, the Criminal Petition is allowed. The petitioner/ A-3 shall be enlarged on bail in the event of his arrest in connection with Crime No. 344 of 2021 of Chilakaluripet Town Police Station, Guntur District on his executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the 3 satisfaction of the Station House Officer, Chilakaluripet Town Police Station, Guntur District.
Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ LALITHA KANNEGANTI, J Date: 17.09.2021 KA 4 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI (Allowed) CRIMINAL PETITION No. 5129 of 2021 Date: 17.09.2021 KA