Nafis Hussain v. The State Of A.P.

HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.11537 of 2015 ORDER:

This criminal petition is filed by petitioner - accused No.13, under sections 437 and 439 Cr.P.C., seeking bail in Crime No.35 of 2015 of Vallur Police Station, Kadapa District, registered for the offences punishable under Sections 379, 307, 353, 120(B) read with Section 34 I.P.C. and Section 20(i)(c)(x) of A.P.Forest Act, 1967, Rule 3 of A.P. Sandal Wood and Red Sanders wood Transit Rules, 1967, Section 29 of 68 of A.P.Forest Act, 1967, read with Section 29(iv) of A.P.Forest Act, 1967 and Section 3 of Prevention of Destruction to Public Property Act.

The case of the prosecution is that on 15-06-2015 at 6.00 AM on specific information about smuggling of red sanders to Karnataka, while the police were checking the vehicles at T.G.Palli Bus stop, Vallur Mandal, a red colour scorpio came at high speed and when the police are directed the vehicle to be stopped, the driver picked up more speed and without stopping tried to escape. The police chased the vehicle for 3 K.Ms. and caught hold of the said vehicle and the driver at Gunturu cross and found that the vehicle was being used for transportation of red sanders. Upon enquiry, one of the accused revealed his name as Dontha Venkata Sai Vara Prasad @ Sai and that he came into contact with certain people who were involved in red sanders smuggling and used to work as a driver in transporting the red sanders vehicles.

On further enquiries, he had informed about certain other accused persons, who were involved in red sanders smuggling. The above FIR was registered on the basis of the said incident and on further questioning, the said A1 had given confessional statement to the police stating that the petitioner used to purchase from the smugglers and used to store them in his godown.

accused in the above said crime.

Considering the facts and circumstances of the case and taking into consideration the date of arrest, this Court is not inclined grant bail to the petitioner at this stage.

Accordingly, the Criminal Petition is dismissed. _________________ RAJA ELANGO, J.

16th November, 2015 skmr