Andhra Pradesh High Court - Amravati
T Sarat Kumar Patro vs State Of Ap on 27 July, 2021
HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION No.3782 of 2021
ORDER:
This Criminal Petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking anticipatory bail to the petitioner/A-4 in connection with Crime No.59 of 2021 of Itchapuram Town police station, Srikakulam District registered for the offence punishable under Sections 270, 272, 273 r/w 34 of the Indian Penal Code, 1860 (for short 'I.P.C.') and under Section 20(2) of Cigarettes and Other tobacco Products Act (COTPA), 2003 and Section 20(b)(ii) (C), 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "NDPS Act").
2. The case of prosecution is that on 19.06.2021 at about 5.30 p.m. the respondent police, on information, arrested the accused and another person, near old Toll Plaza, Bellupada, Ichapuram Municipality, when they were transporting 87 plastic bags of banned tobacco products worth Rs.20,35,800/- and 45,090 KGs of KGs of ganja worth Rs.90,180/- in a mini container lorry bearing No.AP 05TX 3257 and seized the property under cover of Mahazarnama in the presence of mediators.
3. Heard Sri R.Siva Sai Swarup, learned counsel for petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that the petitioner is arrayed as accused No.4. According to him, there are no allegations against the petitioner/A-4 either in the FIR or 2 in the remand report and in the remand report in is mentioned only about Tobacco products. He submits that the police failed to follow the procedure contemplated under Section 42 Cr.P.C. as well as 65 of NDPS Act. In the FIR, it is mentioned that A4 is the owner of the vehicle, but he is not the owner and the owner of the vehicle is A3 and the petitioner is unconnected with the alleged offence and he has been falsely implicated in this case, hence, he sought for pre arrest bail.
5. On the other hand, the learned Assistant Public Prosecutor, on instructions, submits that investigation officer has already filed a memo stating that the name of the petitioner instead of mentioning as A3, he has mentioned as A4 and for carrying out the correction, they are taking steps. He further submits that there are allegations against the petitioner, who is the main accused and the contraband i.e., seized is 45 KGs which is a commercial quantity, as such the petitioner is not entitled for pre arrest bail.
6. Taking into consideration the above submissions of the learned Assistant Public Prosecutor and the offence being under NDPS Act, this Court is not inclined to grant pre arrest bail to the petitioner.
7. Accordingly, this Criminal Petition is dismissed. No costs.
___________________________ LALITHA KANNEGANTI, J Date: 27.07.2021 Sj 3 237 THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.3782 of 2021 Dated 27.07.2021 sj