AI Structured Summary
Not yet generated for this judgment
Judgment
Subba Reddy Satti, J
This petition under Section 438 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) is filed by the petitioner/A2 for grant of anticipatory bail in the event of his arrest in connection with Crime No.354 of 2022 of Special Enforcement Bureau Station, Jangareddigudem, West Godavari District, registered for the offence punishable under Section 7(B) read with 8(A) and 8(B) of the Andhra Pradesh (Prohibition) Amendment Act, 2020.
The case of the prosecution is that while S.I. of Police, SEB, J.R. Gudem along with his staff was conducting raid on 04.05.2022 at the scene of offence, they found one person coming by bike with a gunny bag and on suspicion he was stopped. On search Police found I.D. liquor and black jaggery. On questioning he confessed that he purchased jaggery for preparation of I.D. liquor from the petitioner. Basing on the said statement, the present crime is registered in which petitioner is arrayed as A2.
Heard M/s. Pillix Law Firm, learned counsel for the petitioner and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-state.
Learned counsel for the petitioner would contend that the petitioner is no way concerned with the alleged offence and he is falsely implicated in the crime only basing on the confession of A1. He would contend that petitioner is a trader and he has valid license issued by the authorities. He would contend that A1 purchased stock from A2 on 02.05.2022 under receipt No.1. Learned counsel places reliance on G.O.Ms.No.149 dated 18.04.2017 issued by Revenue (Excise-II) Department and submits that as per the guidelines framed therein, jaggery or black jaggery is not a prohibited commodity and mere possession or transportation shall not amount to commission an offence. He would contend that the petitioner is not aware for which purpose A1 purchased jaggery from him. Hence, he prays to grant pre-arrest bail to the petitioner.
Learned Special Assistant Public Prosecutor would contend that crime Nos.1 and 217 of 2022 were registered against the petitioner for similar type of offences and investigation is pending. Hence, he prays to dismiss the petition.
In reply, learned counsel for the petitioner would contend that petitioner was granted pre-arrest bail in connection with crime No.1 of 2022.
A perusal of license and the receipt under which A1 purchased jaggery, which are placed on record, show that petitioner is a trader. Further going by F.I.R. and mediators’ report, the petitioner was not present at the spot and no contraband was seized from his possession.
In view of the above and considering the fact that the petitioner is implicated in this crime basing on confession made by A1, this Court deems it appropriate to grant bail to the petitioner.
Accordingly, this Criminal Petition is allowed. Petitioner/A2 shall be enlarged on bail in the event of his arrest in connection with Crime No.354 of 2022 of Special Enforcement Bureau Station, Jangareddigudem, West Godavari District, on furnishing 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, Special Enforcement Bureau Station, Jangareddigudem, West Godavari District. On such release, the petitioner shall appear before the Station House Officer, Special Enforcement Bureau Station, Jangareddigudem, West Godavari District, once in a week i.e. on every Monday between 10:00 am and 5:00 pm till filing of the charge sheet.
It is made clear that this order does not, in any manner, limit or restrict the rights of the Police or the investigating agency from further investigation as per law and the findings in this order be construed as expression of opinion only for the limited purpose of considering bail in the above crime and shall not have any bearing in any other proceedings.
Consequently, miscellaneous applications pending, if any, shall stand closed.