Andhra Pradesh High Court - Amravati
Sura Venkateswara Rao Venkateswarlu, vs The State Of Andhra Pradesh, on 12 July, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWELFTH DAY OF JULY TWO THOUSAND AND TWENTY ONE 'PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 3562 OF 2021 Between: 1. Sura Venkateswara Rao @ Venkateswarlu, S/o. Late Pullaiah, Aged about 38 years, R/o. 33-9-541, 5/3, Mallikarjunapeta, Guntur City, Guntur District. 2. Adapala Madhava, S/o. Hanumantharao, Hindu, aged about 38 years, R/o. D.No.19-11-14, Muttemsettypalem, Tenali, Guntur District. ...Petitioners/Accused 7 & 8 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Buildings, Amaravathi. .. Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to enlarge the petitioners on bail in the event of their arrest in FIR No.344 of 2021 on the file of Chilakaluripet Town Police Station, Guntur District in the interest of justice. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Raja Reddy Koneti, Advocate for the Petitioners and the Assistant Public Prosecutor for the Respondent, the Court made the following. ORDER
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.3562 of 2021 ORDER:
This Criminal Petition is filed under Sections 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking pre- arrest bail to the petitioners/A-7 and A-8 in the event of their arrest in connection with Crime No.344 of 2021 on the file of Chilakaluripeta Town Police Statién, Guntur District, wherein the petitioners are alleged to have committed the offences punishable under Sections 272, 273, 328 of the Indian Penal Code, 1860 {for
-short "IPC") and Section 7 {1}, 7 (3), 20 (2) of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short "COTPA, 2003") and Section 20 {b){ii)(A} of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act"),
2. The case of the prosecution is that on 13.06.2021 at 9.00 - am, on receipt of information about banned tobacco products at the house of Cheekati Krishna Murthy in Maddi Mallaiah Street,
-Chilakaluripeta 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 Cheekoti Raju and Siddappa Anjaneya Telgar. On enquiry, they confessed that they are doing tebacco products business and also ganja business. In the confession statement, A-1 stated that he is purchasing cigarettes from the 1S petitioner herein and tobacco products from the 2"¢ petitioner herein. Basing on the same, the petitioners were arrayed as A-?sand A-8 in the crime. Sy .
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3. Heard Sri Raja Reddy Koneti, learned counsel for the petitioners and léarned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioners submits that the allegation against the petitioners is that they have supplied tobacco products to the accused. He submits that this Court in CrLP.No.5421 of 2019 and batch dated 18.12.2019 already quashed the crime in respect of offences under IPC, FSS Act and COTPA, 2003, and particularly when the allegations against the petitioners are that they have supplied tobacco products, it cannot be treated as an offence. Hence, their case may be considered for granting pre-arrest bail.
2. Learned Assistant Public Prosecutor also does nat dispute that this case is covered by orders passed by this Court in Cri. P.No.5421 of 2019 and batch dated 18.12.2019.
a, Taking into consideration the orders passed by this Court CrLP.No.5421 of 2019 and batch dated 18.12.2019 and also the allegations against the petitioners that they have only supplied tobacca products and there is no material available on record connecting the petitioners in respect of offences under the provisions of NDPS Act, this Court deems it appropriate to grant pre-arrest bail to the petitioners.
7. Accordingly, this Criminal Petition is allowed and_ the petitioners/ A-7 and A-8 shall be enlarged on bail in the event of his arrest in connection with Crime No.344 of 2021 on the file of Chilakaluripeta Town Police Station, Guntur District on executing each a bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties each for a like sum to the satisfaction of the Station House Officer, Chilakaluripeta Town Police Station, Guntur District.
As a sequel, all the pending miscellancous applications shall stand closed.
Sd/-K.TataRao ASSISTANT REGISTRAR TRUE COPY? ea SECTION OFFICER LURE OU EES.
4. The Station House Officer, Chilakaluripet Town Police Station, Guntur District.
2. One CC to Sri. Raja Reddy Koneti, Advocate [OPUC]
3. Two CCs to Public Prosecutor, High Court of AP [OUT]
4. One spare copy.
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