Andhra Pradesh High Court - Amravati
Mandagoni Damodar vs State Of Ap on 28 June, 2021
Me
[ 3240]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE TWENTY EIGHTH DAY OF JUNE,
TWO THOUSAND AND TWENTY ONE
: PRESENT: .
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
IA No. 2 OF 2021
IN
CRLP NO: 3324 OF 2021
Between: NA
Mandagoni Damodar, S/o Yadagiri, Hindu, aged about 40 years Owner of the Vvehie
bearing No.TS 08 EB 2466, H.No.6-81, Sambhunigudem Vallala Shaligouraram
Mandal, Nalgonda District
. Petitioner/Accused No.6
AND
State of A.P., rep. by its Public Prosecutor, through Special Enforcement Bureau,
Narasaraopet, Guntur District, High Court of A.P. at Amaravathi.
«RespondentComplainant
Counsel for the Petitioner: SRI S SYAMSUNDER RAO
Counsel for the Respondent: SPECIAL PUBLIC PROSECUTOR
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in
the affidavit filed in suppart of the Criminal Petition, the High Court may be pleased to
stay all further proceedings in Crime No.4/2021 Dated.8.1.2021 of Special Enforcement
Bureau, Narasaraopet, Guntur District, so far as the petitioner/A6 is concerned, pending
disposal of CRLP No.3324 of 2021, on the file of the High Court.
The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
The Court made the following
ORDER
"This criminal petition is filed questioning the validity of the proceedings
initiated under Section 34(a) and 50-B of A.P Excise (Amendment) Act, 2020 (for
short "Excise Act") in Crime No.4 of 2021 of Special Enforcement Bureau,
Narsaraopet, Guntur District. The petitioner herein is A-6 in the said crime.
Learned counsel for the petitioner submit that the police failed to follow the
procedure contemplated under Section 54 of Excise Act. He relied on the
judgment of the Apex Court in K.L.Subbayya Vs. State of Karnataka (AIR 1979 SC
711), wherein the Apex Court laid down ratio that without making any record of
any ground on the basis of which he had a reasonable belief that an offence
under the Act was being committed, the search would become itegal and the
conviction based on such illegal search is liable to be set aside.
in view of the same, there shall be stay of all further proceedings in Crime
No.4 of 2021 of Special Enforcement Bureau, Narsaraopet, Guntur District until
further orders."
Sd/-M. SuryanadhaReddy _
ASSISTANT REGISTRAR
{TRUE COPY/ he
SECTION OFFICER
To,
4 The Station House Officer, Special Enforcement Bureau, Narasaraopet, Guntur
District.
2 One CC to Sri S Syamsunder Rao, Advocate fOPUC]
3. Two CCs to Special Public Prosecutor, High Court of Andhra Pradesh. [OUT]
4. One spare copy
SP
PERS En ET TE
HIGH COURT
LKS
DATED: 28/06/2021
'ORDER
IA No. 2 OF 2021
IN
CRLP NO: 3324 OF 2021
INTERIM STAY
