Kodali Srinivasa Rao vs. The State Of Andhra Pradesh

Held

The Court held that the material on record prima facie indicated that black galaxy granite was being transported using fake documents, including GST e-way bills. The online verification confirmed the documents to be fake. The Court considered the seriousness of the offense and the fact that the investigation was still pending. Consequently, the Court found that the accusations against the petitioners were prima facie well-founded and that it was not a fit case to grant anticipatory bail. The petition was dismissed.

Facts

The petitioners are accused in Crime No.45 of 2022, registered under various sections of the Indian Penal Code, the Information Technology Act, and the MMDARA Act. The prosecution alleges that on February 15, 2022, four vehicles transporting black galaxy granite were intercepted. The drivers produced photostat copies of mining transit passes and GST e-way bills, which were found to be fake. The drivers stated they were acting on their owners' instructions. The case was registered due to the use of these fake documents. The petitioners sought anticipatory bail.

Key Issues

1. Whether the petitioners are entitled to anticipatory bail in Crime No.45 of 2022, considering the allegations of transporting granite with fake GST e-way bills and other documents? The petitioners' counsel argued that only photostat copies of documents were produced, and the originals were with the vehicle owners, who had not been examined. They expressed readiness to produce original documents and cooperate with the investigation. The State, through the Additional Public Prosecutor, opposed the petition, stating that even online verification of the photostat copies revealed them to be fake. They contended that the seriousness of the offense and the pending investigation made the petitioners ineligible for anticipatory bail.