APHC010296442024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4777/2024 Between: Akula Bhanu Prakash, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. RAJESH MATCHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: CRLP.No.4777 of 2024 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4777/2024 ORDER : 1. The petitioner is arraigned as Accused No.5 in CC.No.1333 of 2023 on the file of II Additional Chief Metropolitan Magistrate, Visakhapatnam, Visakhapatnam District for the alleged offence under Sections 457, 380 of IPC. 2. The learned counsel appearing for the petitioner submits that the police have filed a charge sheet alleging that on 01.03.2022, LW.1 found an auto bearing No.AP31TB8809 along with plastic gunny bags and gutka packets. On noticing the police, the occupants of the auto escaped. It is further stated in the charge sheet that on 05.03.2022 at 00.30hours Accused No.2 was arrested along with Auto bearing No.AP31TB8809 and police also seized one bag of RR Packet and one bag of V-1 Tobacco. It is further stated in the charge sheet on 10.03.2022, A1, A3, A5 were arrested at scene of offence and the police also seized four plastic gunny bags of Miraj Khaini weighing about 16KGs, 10Kgs, 5Kgs, 1 Kg. 3. The learned counsel appearing for the petitioner submits that that the complaint itself is false as the Accused No.2 CRLP.No.4777 of 2024 was allegedly arrested on 05.03.2022 and that police found auto bearing No.AP31TB8809 with gutka packets and other tobacco products and after verification of said property a crime in Cr.No.47 of 2022 of Gopalapuram Police Station for the alleged offence punishable under Sections 188, 273 read with 34 of IPC and Section 20(2) of COTP Act. 4. It is also highly unlikely that the same police found Accused No.1,3,5 at the scene of offence on 10.03.2022 and that they were arrested along with one bag of Tobacco weighing about 5 KGs and one bag of RR tobacco weighing about 4 Kgs. It is unlikely and unbelievable to that the remaining Accused Nos.1, 3, 5 were waiting for the police to arrest them along with the tobacco products. 5. The learned Assistant Prosecutor submits that the issues are to be dealt by the trial Court and that puts can be ascertained only after the matter is dealt appropriately by the Trial Court after recording the evidence of the listed witnesses. 6. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. CRLP.No.4777 of 2024 7. As seen from charge sheet, listed witnesses i.e., LW.1 is the Blue clots-II constable and he gave a complaint. LW.2 is also Police Homeguard, LWs.3 and 4 are watchman of the godown. Even as per the statement of LW.1 recorded by the investigating officer, it is categorically stated that Accused No.2 was arrested on 05.03.2022 and Accused Nos.1, 3 and 5 were arrested on 10.03.2022. However, no reasons are assigned as to why and what prevented police to seize auto bearing No.AP31TB8809 on 05.03.2022 when they found the alleged tobacco products in the auto. That apart, the possession of tobacco products is not a banned activity subject to the other conditions of possession. The registration of crime under Section 20(2) COTP Act is also not in accordance with the law laid down by this Court in a batch of writ petitions and criminal petitions. 8. On these grounds, this Court is inclined to allow the criminal petition. Accordingly, CC.No.1333 of 2023 CC.No.1333 of 2023 on the file of II Additional Chief Metropolitan Magistrate, Visakhapatnam, Visakhapatnam District is hereby quashed. CRLP.No.4777 of 2024 9. Accordingly, the criminal petition is allowed. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N KGM CRLP.No.4777 of 2024 181 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4777 OF 2024 Dated 16.04.2025 KGM