Andhra Pradesh High Court - Amravati
T. Pradeep Kumar vs State Of Ap on 8 July, 2021
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY ONE ~ : PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI ~- CRIMINAL PETITION NO: 3511 OF 2027 - Between: T. Pradeep Kumar, S/o. Krishna Murthy, Aged 36 yrs, R/o. Padmasalivari Street, Repalle, Guntur District. Petitioner/Accused-4 Q AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court Buildings, Amaravathi. Respondent Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner on bail in the event of his arrest in FIR No.261 of 2020 on the file of Chilakalapudi Police Station, Krishna District in the interest of justice The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI RAJA REDDY KONETI Advocate for the Petitioner, and of PUBLIC PROSECUTOR for the Respondent, the Court made the following. ORDER:
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.3511 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.261 of 2020 of Chilakalapudi Police Station, Krishna District, registered for the offences punishable under Sections 273 and 328 read with 34 of the Indian Penal Code, 1860 (for short 'I.P.C.), Section 5(1) and 22 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short "'COTP Act} and 8{c} read with 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act").
2. The case of prosecution is that on receiving information, the Station House Officer, Chilakalapudi along with mediators and his~ staff proceeded to Machavaram Mettu Centre and while they were conducting search of the vehicles, they found two persons coming by auto bearing No.AP 39 TF 1838. On seeing the Police, they got down from the auto and tried to run away. But, the Police caught them. Police found Al sitting in the auto and on questioning he revealed his particulars, that he was blind by birth and runs a cool drink shop in ZP centre. He also stated that for eking out his livelihood, he sells gutka packets and the cases filed against him for selling gutka were quashed by the Court. He confessed that he along with A2 and A3 went to Repalle and purchased gutka and sora nana nena A ARAAROONIE 2 ganja from one Pradeep i.e the petitioner herein. Basing on the said confession of Al the present crime is registered and the petitioner herein is arrayed as A4.,
3. Heard Sri Raja Reddy Koneti, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4, Learned counsel for the petitioner submits that Police are wrongly implicating the persons who are doing tobacco business, in these type of cases by introducing ganja, though this Court has been repeatedly quashing the crimes, which have been registered under the above mentioned sections. He further submits that the ganja is seized from Al and A2 in violation of procedure contemplated under NDPS Act. He submits that the ganja seized has to be produced before the Court in terms of Section S2{A} of the NDPS Act and the quantity seized from the accused is less than 1 Kg which is small quantity, as such even bar under Section 37 of NDPS Act and the offences as alleged are not attractect against the petitioner. The petitioner is innocent and he is implicated in the case as he is doing business in tobacco, Therefore, the case of the petitioner may be considered for grant of bail.
2. Learned Assistant Public Prosecutor submits that investigation is pending, as such the petitioner is not entitled for pre-arrest bail at this stage.
6. Section 273 1.P.C. speaks about sale of noxious food or drink and Section 328 I.P.C. speaks about causing hurt by means of * \ 3 poison with an intention to commit an offence. This Court has clearly observed in order dated 27.08.2018 passed in Cri.P.No.3731 of 2018 that tobacco products are governed under the provisions of COTP Act and as such sections of 1.P.C. will not be attracted. This Court further made it clear vide order dated 18.12.2019 passed in Cri.P.No.5421 of 2019 and batch that the provisions of the COTPA Act can only be pressed into service when there is violation of Sections 4 to 7 and 10. It is not the case of the prosecution that the petitioner has violated any of said sections, as such the same is not attracted to the petitioner.
7, In view of the above discussion and taking into consideration the fact that the quantity of ganja seized is not commercial quantity, 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. 261 of 2020 of Chilakalapudi Police Station, Krishna District on condition of executing self bond for ~ Rs.50,000/- (Rupees fifty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, Chilakalapudi Police Station, Krishna District.
Consequently, miscellaneous apphcations pending, if any, shall Stand closed, sdj-B.NarsingaRao ~ aa ASSISTANT REGISTRAR TRUE COPY! ge crt OFFICER . © » . - . { di Police Station, Krishna Distric i ouse Officer, Chilakalapu i ee SR RAJA REDDY KONETI Advocate OEP DUT] 3 two CCS to PUBLIC PROSECUTOR, High Court o A. One spare copy ay HIGH COURT LKJ :08/07/2021 DATED ORDER CRLP.No.3511 of 2021 ALLOWED aregpeer WEE, napa