Sake Pavan Kumar vs State Of Andhra Pradesh

K Sreenivasa Reddy, J

This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) has been filed on behalf of the petitioner/accused to grant anticipatory bail in connection with Crime No.359 of 2024 of Prohibition and Excise Station, Ananthapuramu circle, Ananthapuramu District.

A case has been registered against the petitioner/ accused for the offence punishable under Section 34 (a) (1) (ii) of the Andhra Pradesh Excise Act, 1968 (Amendment) Act, 2023 (for brevity ‘the AP Excise Act’)

Brief facts of the case of prosecution are that, on 28.12.2024 at about 5.00 p.m. basing on the credible information of the Inspector of Prohibition and Excise Inspector, Ananthapuramu, the Sub-Inspector of Police, Prohibition and Excise along with his staff reached Ashok Nagar of Ananthapuramu Municipal Corporation and while they were proceeding near the house bearing Door No.12-1-868, opposite street to Alekhya Function Hall, Ashok Nagar, Ananthapuramu Town, they found accused carrying two black luggage bags containing 42 defence liquor bottles; that the police tried to apprehend the accused, but he skulked from the scene; that the police seized the contraband under the cover of a Mediators Report, basing on which, a case in Crime No.359 of 2024 was registered for the aforesaid offence and investigated into.

Learned counsel for the petitioners/accused submitted that the identity of petitioner/accused was only on the mediators report drafted on the date of the incident and except that the petitioner/accused is no way connected to the crime.

Learned Assistant Public Prosecutor for State submitted that the investigation disclosed that the investigation is pending. Hence, prays to dismiss the Criminal Petition.

Heard and perused the record.

A perusal of material on record coupled with the Mediators Report drafted by the police personnel on 28.12.2024 goes to show that the police seized the contraband in the house bearing Door No.12-1-868, opposite Street to Alekhya Function Hall and the petitioner was alleged to have carrying the contraband on the date of the incident. Prima facie a perusal of Mediators Report would reveal that the contraband was seized in the aforesaid premises, but not from the possession of petitioner/ accused. There is any amount of ambiguity whether the petitioner/accused involved in manufacturing and supply of ID arrack as alleged by the prosecution, in the present crime. In view of the said reason, this Court is inclined to grant anticipatory bail to the petitioner/accused, on certain conditions.

Accordingly, in the event of the arrest of petitioner/ accused in the above crime, he shall be released on bail on his executing personal bond for a sum of Rs.10,000/- (Rupees ten thousand) with two sureties each for the like sum to the satisfaction of the arresting police officials. Further, the petitioner/accused shall appear before the Station House Officer, concerned once in a week I.E. on every Saturday in between 10.00 a.m. and 2.00 p.m. till filing of the charge sheet and further, the petitioner/accused shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the prosecution witnesses.

Accordingly, the Criminal Petition is allowed.