PATIBANDLA GOPALA SWAMY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition under Sec. 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), is filed by the petitioners/A-11 and A-12, seeking to grant pre-arrest bail in Crime No. 41 of 2021 of Special enforcement Bureau, Narsaraopet, Guntur District, registered for the offence punishable under Sec. 34(a) and 50B(a) of A.P. Excise (Amendment) Act, 2020.

(2.) The case of the prosecution in brief is that on 23/3/2021 at about 4.30 AM, the Enforcement officials along with mediators reached the scene of offence and while they were checking the vehicles coming from Sattenapalli towards Narasaropet, the police noticed one Bolero pick-up vehicle and two bikes and stopped the same. On seeing the police, two persons ran away and escaped from the scene. The police apprehended two persons and on interrogation, they revealed that they are transporting liquor bottles. On search, the police found total 8246 liquor bottles. Thereafter, the police seized the contraband and arrested the said two persons, under the cover of mediators report. Basing on the said mediators report, the present crime was registered. The arrested accused revealed the role of present petitioners, as such, they are arrayed as A-11 and A-12 in this case.

(3.) Heard Ms. Ayesha Azma, learned counsel representing Sri V. Nitesh, learned counsel for the petitioners and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-State.