Andhra Pradesh High Court - Amravati
Kondrugunta Bhapaniah vs State Of Andhra Pradesh on 22 June, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.3087 OF 2021
ORDER:-
This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") to enlarge the petitioner/A7 on bail in the event of his arrest in connection with Crime No.41 of 2021 of Special Enforcement Bureau, Narasaraopet, Guntur District registered for the offence punishable under Section 34(a) and 50B(a) of the Andhra Pradesh Excise (Amendment)Act, 2020.
2. The case of prosecution is that on 23.03.2021 at about 4.15 a.m., while the Inspector, Special Enforcement Bureau, Narasaraopet and the Inspector, Special Enforcement Bureau, Sattenapalli along with staff and mediators under the supervision of Inspector, Special Enforcement Bureau, Narasaraopet, while conducting raids at Mulakaluru X road, Narasaraopet to Sattenapalli road, found one Mahindra Bolero PIKUPFB and 2 two wheelers coming from Narasaraopet side and on seeing the police, the persons in the Bolaro vehicle got down and ran away and the police apprehended the two accused and on questioning, they confessed that they are transporting the liquor bottles in the said vehicle at the instance of the petitioner herein and on searching the vehicle, police found 8246 of 180 ml each of Bombay Royal Whisky bottles. The police seized the said liquor bottles and also arrested the accused and remanded them to judicial custody. It is the case of prosecution that the petitioner secured the liquor cartons from various sources and handing over the same to A8 and dispatched the same to different persons. Basing on the same, Crime No.41 of 2021 of Special Enforcement Bureau, Narasaraopet, Guntur District was registered.
3. Heard Sri Ambati Sudhakararao, learned counsel for the petitioner/A7 and learned Public Prosecutor for the respondent- State.
4. Learned counsel for the petitioner/A7 submits that as per the confession of A2 to A4, one Dharmarao @ Vara Prasad brought liquor cartons two times from Goa i.e., on 17.03.2021 and 13.04.2021 and unloaded the same besides vacant site of him. Later Dharmarao @ Varaprasad called them and instructed them to whom the liquor cartons to be distributed. It is also confessed that Dharmarao @ Vara Prasad often changes his mobile numbers regularly and the entire illegal liquor business was conducted by Dharmarao @ Vara Prasad and Kondragunta Bapaiah Chowdary. Learned counsel for the petitioner also submits that the petitioner was nothing to do with the transportation of illicit liquor and the petitioner has been implicated in this case. He further submits that that the Court below has directed the police to follow the guidelines in Arnesh Kumar's case and dismissed the petition and the petitioner would co-operate with the investigation and his case may be considered for grant of pre-arrest bail.
5. On the other hand, on instructions, learned Assistant Public Prosecutor submits that the judgment of the Hon'ble Apex Court in Arnesh Kumar has no application to this case because the punishment for the offence alleged is eight years and as such, the question of following Section 41-A of Cr.P.C does not arise.
6. Taking into consideration all these aspects, this Court is not inclined to grant pre-arrest bail to the petitioner. However, the learned counsel for the petitioner submits that the petitioner/A7 is ready to surrender before the Court below. On such surrender, if an appropriate application is moved seeking bail by the petitioner/A7, the Court below shall consider the bail petition of the petitioner on the same day in accordance with law.
7. Accordingly, this Criminal Petition is disposed of.
Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ LALITHA KANNEGANTI, J Date :22.06.2021 MP 32 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI (Disposed of) CRIMINAL PETITION No.3087 of 2021 Dated 22.06.2021 mp