Thalluri Narsimha Swamy, v. The State Of Telangana

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.11090 of 2016 ORDER:

The petitioner, who is an accused in COR No.351 of 2016 of Narsampet Prohibition & Excise Station, Warangal District, preferred the present application under Section 438 Cr.P.C. seeking release in the event of his arrest in connection with the above crime registered against him for the offence punishable under Section 7 (a) r/w.8 (e) of A.P. Prohibition Act and Section 34 (e) of A.P. Excise Act, 1968.

The case of the prosecution is that on reliable information the Prohibition & Excise Sub-Inspector along with staff proceeded to Nekkonda, conducted raid and found the petitioner in possession of 5 ltrs. of ID Liquor, 100 kgs. of black jaggery and 150 kgs. of alum. Basing on the said search and seizure, the above report came to be registered.

Learned counsel for the petitioner would submit that the petitioner is a trader doing business in black jaggery and alum and as such possessing alum by itself is not an offence. He further submits that the police have been intentionally registering crimes against the petitioner only with a view to detain him in the police station. The same is opposed by the learned Additional Public Prosecution contending that the petitioner is involved in six more cases and the authorities are taking steps to prevent him from involving in other cases.

Having regard to the fact that the petitioner is involved in six other crimes of similar nature, I am not inclined to grant anticipatory bail. However, the petitioner, if so advised, shall surrender before the concerned Court and move an application seeking regular bail after giving prior notice to the concerned Public Prosecutor, in which event

the same shall be considered in accordance with law on the same day. With above direction, the Criminal Petition is disposed of. _______________________________ JUSTICE C. PRAVEEN KUMAR 04.08.2016 sur