Ediga Mangamma v. The State Of Telangana

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.4108 OF 2018 ORDER:

This criminal petition, under Section 438 of the Code of Criminal procedure, 1973 (for short 'Cr.P.C'), is filed by the petitioner, who is the sole accused in Crime No.305 of 2016 of Prohibition and Excise Police Station Pargi, Vikarabad District, registered for the offence punishable under Section 34(a) of A.P.Excise Act, 1968 (for short 'the Act') to issue a direction to the Station House Officer, to release him on bail in the event of his arrest in connection with the above Crime.

The case of the prosecution in brief is that on receipt of reliable information, the STF Hyderabad party conducted raid on the house of the petitioner and found fermented toddy being sold without licence and immediately on suspicion lifted the samples and sent for analysis and report, wherein it was disclosed that the sample contains Alprazolam, which is a narcotic substance. This incident was occurred on 26.09.2016, since then the petitioner conveniently avoiding his arrest in connection with the above crime. When the petitioner committed such serious offence, it will have its own impact on the Society at large, more particularly, in the families of the persons, who consumed such fermented toddy containing Alprazolam. Hence, I am not inclined to grant prearrest bail to the petitioner, who is successfully avoiding arrest by the concerned police from the year 2016.

Taking into consideration of the gravity and seriousness of the offence and its impact on the Society at large, I find that it is

CRLP_4108_2018 MSM, J - 2 - not a fit case to issue a direction to the Station House Officer to release him on bail, in the event of his arrest. In the result, the criminal petition is dismissed. ___________________________________ M. SATYANARAYANA MURTHY, J Date: 23.04.2018 BV