(1.) This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/unnamed accused in the event of his arrest in connection with Crime No.433 of 2020, dated 18.09.2020 of Arilova Police Station, Visakhapatnam District registered for the offences punishable under Sections 379 of the Indian Penal Code, 1860 (for short 'I.P.C.') and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short MMDRA Act).
(2.) The case of the prosecution is that a crime was registered basing on a complaint dated 18.09.2020 given by Sub Inspector of Police, Pendurthy, Special Enforcement Bureau (S.E.B.) against A-1 alleging that he committed theft and illegal transportation of sand and on credible information he along with his staff went to the scene of offence, they found one sand lorry bearing registration No.AP 31 TH 7229 and on verification of the bills of the sand, they found 25 tons sand unloaded at Gajuwaka, Viskahapatnam, but the driver of lorry tried to unload the sand in Yandada. Basing on the said allegations, the present crime was registered.
(3.) Heard Sri R.Siva Sai Swaroop, learned counsel for the petitioner and the learned Public Prosecutor for the respondentState.