Deshavath Venkatram Naik v. The State Of Telangana

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Criminal Petition No.10567 of 2018 ORDER :

The petitioner is accused in PCOR No.105 of 2018 of Police Station, Achampet, registered for the offences punishable under Sections 34(A), 34(1) read with Section 13(1) of Telangana State Excise Act, 1968 and u/ sec.8(b)(ii) of Telangana State Prohibition & Excise Act, 1995 for the alleging manufacturing of the adulterated liquor by filling in branded bottles by using branded duplicate caps which stock was seized. Heard the learned counsel for the petitioner and the learned Public Prosecutor for the respondent-State opposing the same and perused the material on record.

On perusal of the material shows the petitioner is not entitled to concession of anticipatory bail but for none of the offences are punishable above 7 years, if at all any arrest of the petitioner is required, the police shall strictly follow Section 41-A of CrPC, and also the guidelines in Arnesh Kumar Vs. State of Bihar1. However, it will not prevent the petitioner if at all to surrender and move for regular bail if chooses.

Having regard to the above, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending in this criminal petition, shall stand closed.

_______________________ Dr. B. SIVA SANKARA RAO, J Date: 12.10.2018 vvr 1 (2014) 8 SCC 273