E Suresh Vs the State of Andhra Pradesh

This Criminal Petition u/Sec.482 of B.N.S.S. is filed seeking to enlarge the petitioner/A1 on anticipatory bail in Crime No.707/2024 of Proh. & Excise station, Hindupur, Sri Satya Sai District registered for the offences punishable under Sections 41 r/w 27 of A.P.Excise (TLGC) Rules 2007 and Amendment 2020.

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Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for the State.

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The case of the prosecution in brief, is that, on 14.12.2024 at about

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1.30 pm, on receipt of credible information, the S.I of Proh. & Excise

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station, Hindupur, along with staff and mediators reached and inspected at Morampalli B-License toddy shop in Chilamathur Mandal, where found accused TCS member was present in the shop and transacting toddy business. On demand, he produced license copy. Then police verified the toddy stock and found 35 liters of plastic can containing 35 liters of toddy in the shop. Then police tested the toddy with the help of mini kit and the toddy colour not changed. On suspicion sample of toddy was sent for chemical analysis which resulted that the toddy was adulterated with Alprazolam, which is against the health of people.

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Learned counsel for the petitioner contends that in the similar facts of the case, High Court of Telangana was pleased to grant protection to the petitioner in Crl.P.No.11668 of 2023 dated 24.11.2023 wherein it is observed that:

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‘Since the quantity of Alprazolam is not mentioned whether it is small quantity or large quantity or intermediate quantity, this Court is inclined to extend protection to the petitioners, as the punishment prescribed for small quantity is up to one year under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act). Hence, police are directed not to take coercive steps against the petitioners pending investigation. However, the respondent are at liberty to proceed in accordance with law, if, after the investigation, it is found that it is necessary to proceed under the provisions of the NDPS Act. The petitioners shall appear before the police as and when asked for the purpose of investigation.’

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And in another criminal petition vide Crl.P.No.10323 of 2023 dated

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1710.2023 wherein it is observed that:

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‘ The quantity of Alprazolam whether in small quantity or intermediary or commercial is not stated in the report. For the said reason, this Court deems it appropriate to direct the Investigating Officer in PCOR No.59 of 2023 to follow the procedure laid down under Section 41-A Cr.P.C and also the guidelines formulated by the Hon’ble Supreme

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Court in Arnesh Kumar v. State of Bihar scrupulously. However, the petitioner shall cooperate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.’

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In the instant case also, the quantity of Alprazolam was not mentioned, as such, it cannot be said that it is a small quantity or commercial quantity or intermediary quantity. In view of the same, this Court finds that the facts of the present case are also on the same footing that of other two cases which are referred.

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At the time of hearing, learned counsel for the petitioners has confined his request only to order notice under Section 35-3 of B.N.S.S. by following the judgment in Arnesh Kumar vs. State of Bihar of the Hon’ble Supreme Court of India, stating that the aforesaid offences registered against the petitioners are punishable with less than seven years period of imprisonment.

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Therefore, in view of the above, this Criminal Petition is disposed of, with a direction to the Investigating Officer to follow the procedure contemplated under Section 35-3 of B.N.S.S, scrupulously by following the judgment in Arnesh Kumar vs. State of Bihar of the Hon’ble Supreme Court of India.

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Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.

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________________________________ JUSTICE T.MALLIKARJUNA RAO

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03.4.2025 RD

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THE HON’BLE SRI JUSTICE T.MALLIKARJUNA RAO

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CRIMINAL PETITION No.2015 OF 2025