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CHEEKATI MANAVENDRANATH ROY
Panchikatla Sathibabu – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Cheekati Manavendranath Roy, J. - This Criminal Petition under Section 438 of the Code of Criminal Procedure, 1973, is filed to enlarge the petitioner on bail in the event of his arrest.
2. The petitioner is the sole accused in Crime No.188 of 2022 of Special Enforcement Bureau Station, Rajamahendravaram South, East Godavari District.
3. a case under Section 7(B) r/w 8(B) of the a.P. Prohibition act was registered against the petitioner.
4. It is the case of the prosecution that when the police were conducting raids to detect prohibition offences that they found one person at the scene of offence with three white mica bags and on seeing the police that he left the three white mica bags and ran away. When the police searched the said mica bags that they found 155 liters of I.D. liquor in the said mica bags. It is stated that on inquiry that they came to know that the person who ran away is the petitioner herein. Therefore, the petitioner is shown as accused in the above crime.
5. Heard learned counsel for the petitioner and learned additional Public Prosecutor for the State.
6. The petitioner was not apprehended along with the contraband at the scene of offence. admittedly, the p
The validity of identification and the disputed identity of the accused influenced the decision to grant pre-arrest bail.
The validity of identification and the entitlement to pre-arrest bail based on the lack of valid basis for identification and serious dispute over the person's identity.
The main legal point established in the judgment is that the validity of identification and the existence of a serious dispute regarding the identity of the accused can entitle the accused to pre-arr....
Lack of valid identification and dispute over the identity of the accused at the scene of the offence can entitle the accused to pre-arrest bail.
The validity of identification and the prima facie well-founded nature of the accusation are crucial in determining the grant of pre-arrest bail.
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