HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.P. No.5119 of 2021
PROCEEDING SHEET
Sl. Office
DATE ORDER
No Note
1. 07.10.2021 CMR, J
8
I.A.No.1 of 2021
Dispensed with for the present.
________
CMR, J
Crl.P. No.5119 of 2021
Learned Additional Public Prosecutor takes notice
for 1st respondent / State and requests time to obtain
instructions.
Issue notice to 2nd respondent returnable in four (04) weeks.
________ CMR, J I.A.No.2 of 2021 The petitioner is A-2 in Crime No.190 of 2021 of Special Enforcement Bureau Station, Chirala of Prakasam District. A case under Section 34(a) of the Andhra Pradesh Excise Act, 1968 (for short "the Excise Act"), was registered against him along with other accused.
The petitioner mainly challenges the validity of the criminal proceedings launched against him on the ground of non-compliance with the procedure contemplated under Section 55 of the Excise Act. In support of the said contention, learned counsel for the petitioner relied on the Judgment of the Honourable Apex Court in the case of K.L.Subbayya v. State of Karnataka1, wherein it was held that search conducted by an officer without prior recording of the grounds for his belief that an offence under the act was likely or being committed, is illegal and without effect and conviction based on such illegal search is liable to be set aside.
Considering the law laid down in the aforesaid Judgment of the Honourable Apex Court, this Court in I.A.No.1 of 2021 in Criminal Petition No.4839 of 2021 and Criminal Petition No.1640 of 2021 ordered stay of further proceedings pursuant to registration of F.I.R. against the petitioners therein.
Therefore, in view of the above legal position, as the matter requires examination in the main criminal petition to ascertain whether launching of criminal proceedings against the petitioner for the offence under Section 34(a) of the Excise Act in the facts and circumstances of the case, amount to abuse of process of Court or not, as the petitioner could make out a strong prima facie case warranting interference of this Court to examine the validity of the criminal petition launched against the petitioner, there shall be interim stay of further proceedings pursuant to registration of F.I.R. in Crime No.190 of 2021 of Special Enforcement Bureau Station, Chirala of Prakasam District, only against the petitioner herein, who is A-2, till the next date of hearing.
________ CMR, J ARR 1 (1979) 2 SCC 115