Andhra Pradesh High Court - Amravati
Kunchanapalli Sadha Siva vs State Of Andhra Pradesh on 1 September, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION No.4811 of 2021
ORDER:
This petition is filed under Section 438 of Criminal Procedure Code, 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.6 of 2021 of Prohibition and Excise Police Station, Mummidivaram, East Godavari District, registered for the offence punishable under Section 34(a) r/w 9 (1) of Andhra Pradesh Excise (Amendment) Act, 2020 (for short "Excise Act").
2. The case of the prosecution is that on 08.01.2021 at 8.00 p.m. on the instructions of Superintendent of Police, Special Enforcement Bureau, the Sub Inspector of Police along with his staff reached Community Centre, Annapalli and found A-1 and A-2 and on seeing the police, A-2 escaped from the spot and the police apprehended A-1 and on search, police found 24 liquor bottles of each 180ml, which are meant for sale in Puducherry State. A-1 also confessed that the petitioner gave the said bottles to them. Police arrested A-1 and seized the liquor bottles under the cover of special report.
3. Heard Sri V.V.Satish, learned counsel for petitioner and learned Assistant Public Prosecutor for respondent-State.
4. Learned counsel for the petitioner submits that already A-1 and A-2 were released on regular bail, as such his case may be considered for grant of pre-arrest bail. 2
5. On the other hand, learned Assistant Public Prosecutor opposed the bail petition.
6. As the petitioner is involved in the offences punishable under Section 34(a) r/w 9 (1) of Excise Act and total 24 liquor bottles of each 180ml are seized in this case, this Court is of the considered opinion that it is not a fit case to grant pre-arrest bail to the petitioner. However, learned counsel for the petitioner submits that the petitioner will surrender before the concerned Court and will move an appropriate application seeking bail. If such an application is filed by the petitioner, the same shall be considered on the same day in accordance with law.
7. Accordingly, this Criminal Petition is disposed of.
As a sequel, all the pending miscellaneous applications are closed.
___________________________ LALITHA KANNEGANTI, J 1st September, 2021 PVD 3 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Disposed of CRIMINAL PETITION No.4811 of 2021 1st September, 2021 PVD