LAWS(APH)-2003-12-1

TUMMLA NAGESWARA RAO Vs. NAGULURI KRISHNA KUMAR GOUD

Decided On December 22, 2003
TUMMLA NAGESWARA RAO Appellant
V/S
NAGULURI KRISHNA KUMAR GOUD Respondents

JUDGEMENT

(1.) Since common questions of fact and law arise in these two petitions, they are being disposed of by a common order.

(2.) 1st respondent, who is common in both the petitions, filed a complaint before the Principal Special Judge for Special Police Establishment (SPE) and Anti Corruption Bureau (ACB) Cases, Hyderabad against the petitioners and fifteen others, with a prayer to direct an investigation into offences under Section 13(1) (d) (ii) and (iii) of Prevention of Corruption Act, 1988 (for short 'the Act') and Sections 120-B and 409 IPC against them.

(3.) The allegations, in brief, therein are Andhra Pradesh Beverages Corporation Limited (APBCL), which has monopoly over wholesale trade of liquor in Andhra Pradesh as per Section 4 of Andhra Pradesh (Regulation of Wholesale Trade and Distribution and Retail Trade in Indian Liquor, Foreign Liquor, Wine and Beer) Act, 1993, procures various types of liquor and beer directly from the local distilleries on a rate contract basis and supplies the same to the retailers for a profit. To ensure supply of liquor and beer at a reasonable price to consumers, APBCL in its tender document for the excise years 1997-98 to 1999-2000 laid down a condition as clause 2.7, which reads: