Gugulothu Pandu v. The State Of Telangana

THE HON'BLE Dr. JUSTICE G. RADHA RANI CRIMINAL PETITION No.12855 OF 2024 ORDER:

This criminal petition is filed by the petitioner - Accused No.2 under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short BNSS) for grant of anticipatory bail in Cr.No.218 of 2024 of Ellanthakunta Police Station, Rajanna Sircilla District registered for the offences under Section 318(4) of Bharatiya Nyaya Sanhita, 2023 (for short BNS) and section 7-A of Essential Commodities Act (for short EC Act).

2.

Heard Sri S.Satyanarayana, learned counsel for the petitioner and learned Additional Public Prosecutor for respondent-State. 3.

Learned counsel for the petitioner submitted that the Assistant Sub Inspector of Police of Ellanthakunta P.S. lodged a report on 11.09.2024 at 15.20 hours stating that on credible information he along with his staff rushed to Kunaboinapally, h/o Ellanthakunta and found a person with some bags near his hut/tent. On suspicion, they checked the bags and found PDS rice in them. On enquiry, accused No.1 stated that he was purchasing PDS rice from the ration card holders at less price and was transporting the

same to sell to accused No.2. On that the Assistant Sub Inspector seized 5 quintals of rice found in 10 plastic bags under the cover of panchanama and brought accused No.1 to police station along with seized rice bags and lodged the report. Basing on the said report the above crime was registered. It was further submitted that police registered several cases of like nature against the petitioner herein and were trying to apprehend him.

4.

He further submitted that there was no contravention of the Control Order passed under section 3 of EC Act committed by the petitioner. To book a case under section 7 of EC Act, there should be contravention of any of the Control Order passed under section 3 of EC Act. Clause 17-A of the Control Order only deals with interruption in the process of distribution from FCI Godown, MLS Point and ration shop. There was nothing mentioned in clause 17-A regarding transportation of PDS commodity as illegal to initiate proceedings under section 7-A of EC Act. No offence under section 318(4) of BNS was committed by the petitioner. The same was also not applicable and prayed to grant anticipatory bail to the petitioner-accused No.2

5.

Learned Additional Public Prosecutor opposed grant of anticipatory bail to the petitioner-accused No.2 stating that the role of the petitioner would need to be ascertained by the investigating officer.

6.

Perused the record.

7.

Considering that till date no evidence was collected against the petitioner herein, except the confession of the accused No.1 who stated that he was going to sell the same to the petitioner herein which would not attract the offences under section 318(4) of BNS or section 7-A of EC Act, it is considered fit to enlarge the petitioner on anticipatory bail.

8.

In the result, the criminal petition is allowed directing the petitioner-accused No.2 to be released on bail in the event of his arrest in the above crime subject to the following conditions: i) The petitioner - accused No.2 shall execute a personal bond for a sum of Rs.15,000/- (Rupees Fifteen thousand only) with two sureties each for a like sum to the satisfaction of the II Additional Judicial First Class Magistrate, Sircilla.

ii) The petitioner - accused No.2 shall abide by the conditions stipulated in Section 482 (2) of Bharatiya Nagarik Suraksha Sanhitha, 2023.

_____________________ Dr. G. RADHA RANI, J November 05, 2024 BV

THE HON'BLE Dr. JUSTICE G. RADHA RANI CRIMINAL PETITION No.12855 OF 2024 November 05, 2024 BV