Andhra Pradesh High Court - Amravati
A Ramesh vs State Of Andhra Pradesh on 1 February, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FIRST DAY OF FEBRUARY, TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 244 OF 2021 Between: Andea Ramesh, (A4) S/o Janaki Ramulu, Aged about 30 Years, Cultivation, R/o Bothapalem Village, Nalgonda District, Telangala State ...Petitioner/Accused No.4 AND State of Andhra Pradesh, Station House Officer, Dachepalli P.S., Rep. by State Public Prosecutor, High Court of A.P., Amaravati. ...Respondent Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/4" accused on bail in the event of his arrest, in connection with Cr.No.578/2020, dated 20-10-2020 of Dachepalli P.S, Guntur District. The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Venkata Durga Rao Anantha, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following. ORDER:
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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.244 OF 2021 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/A4 in the event of his arrest in connection with Crime No.578 of 2020 of Dachepalli Police Station, Guntur District registered for the offences punishable under Section 188 of the Indian Penal Code and Sections 34(1)(i) and 50(B)(a) of the Andhra Pradesh Excise Amended Act.
2. The case of prosecution is that on 20.10.2020 on receiving credible information about illegal transportation of liquor while Police were conducting vehicle check they found Al coming by a lorry bearing No.AP 37 U 1526 from Pondugula village. On seeing the Police Al stopped the lorry and tried to escape from there. The Police caught him and on search of the lorry they found liquor bottles. On interrogation he confessed that as there is a great demand for liquor in villages in and around Dachepalli village Al to A3 decided to purchase liquor from one Ramesh to sell the same for higher prices. Basing on the said confession, the petitioner is arrayed as A4.
3. Heard Sri A.Venkata Durga Rao, learned counsel for the petitioner and the learned Public Prosecutor for the respondent- State.
4, Learned counsel for the petitioner submits that as far as the petitioner is concerned he belongs to the state of Telangana and the bottles were purchased from the petitioner in Telangana.
Therefore, by any stretch of imagination he cannot be figured as \* considered,
5. Learned Public Prosecutor submits that investigation is Pending and Opposes the bail application, 6, It is appropriate to incorporate Section 34/(a) of the Excise Act which read thus:
"34. Penalties for illegal import ete, - Whoever, in contravention of this Act or of any rule, notification or order made, issued or Passed thereunder or of any licence or permit granted or issued under this Act,-
(ajimports, exports, transports, manufactures, collects Or possesses or Sells any intoxicant; or
(b) taps any excise tree; or
(f) bottles any liquor for Purposes of sale: or
(g) buys any intoxicant; or
(h) possesses any material or film either with or without Government logo of any district in the State of Andhra Pradesh or any other State or wrapper or any other thing in which intoxicants can be packed or any apparatus, or implement or machine for the Purpose of Packing any intoxicant;
(i) removes any intoxicant from any distillery, brewery or warehouse licenced, established or continued under this Act"
sts Section 188 I.P.C. is concerned it would apply when there is disobedience of an order duly promulgated by a public servant. Therefore, the same is not attracted to the allegations which are levelled against the petitioner. Hence, this Court deems it appropriate to grant pre-arrest bail to the petitioner.
8. Accordingly, this Criminal Petition is allowed. The petitioner/A4 shall be released on bail in the event of his arrest in connection with Crime No. 578 of 2020 of Dachepalli Police Station, Guntur District on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the Satisfaction of the Station House Officer, Dachepalli Police Station, Guntur District.
Consequently, miscellaneous applications pending, if any, shall stand closed.
Sd/-K.TataRao ASSISTANT REGISTRAR ee Kani TRUE COPY// SECTION OFFICER To, 7 The Additional Junior Civil Judge, Gurazala. . - The Station House Officer, Dachepalli Police Station, Guntur Dsitrict. One CC to Sri. Venkata Durga Rao'Anantha, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy akON> MM HIGH COURT LKJ DATED:01/02/2021 ORDER CRLP.No.244 of 2021 ALLOWED