KANDURU CHINNAPPANNA Vs. STATE OF A.P.

JUDGEMENT

(1.) Criminal Petition has been filed under Ss. 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023[the BNSS], seeking to enlarge the Petitioner/Accused No.24 on bail in Crime No.470 of 2024 of Tirupathi East Police Station, Tirupathi District, for the alleged offences punishable under Ss. 274, 275, 316(5), 318(3), 318(4), 61(2) and 299 read with 49 and 3(5) of the Bharatiya Nyaya Sanhita, 2023[the BNS], Ss. 51 and 59 of the Food Safety and Standards Act, 2006 [the FSS Act].

(2.) The facts in brief, as presented by the prosecution, state that M/s AR Dairy Food Private Limited, Dindigul, Tamil Nadu, in conspiracy with other accused, had supplied deliberately adulterated and substandard cow ghee to Tirumala Tirupati Devasthanams (TTD), thereby violated the conditions of the tender agreement entered with TTD causing wrongful loss and affected the religious sentiments of Hindu devotees of Lord Sri Venkateswara Swamy, Tirumala. A formal complaint was lodged at East Police Station, Tirupati, on 25/9/2024 at 1:45 PM by the de-facto complainant, P. Murali Krishna, General Manager (Procurement), TTD, Tirupati. As per the complaint, TTD called for tenders on 12/3/2024 for the supply of 10 lakh kilograms of Agmark Special Grade Cow Ghee. The tender was finalized on 8/5/2024, and a supply order was issued on 15/5/2024 to M/s AR Dairy Food Private Limited, Dindigul. The firm subsequently supplied four tanker loads of ghee on 12/6/2024, 20/6/2024, 25/6/2024, and 4/7/2024, respectively. Samples from the supplied ghee were confidentially sent to NDDB CALF Lab, Anand, Gujarat, for testing. The laboratory report dtd. 12/7/2024 confirmed that the ghee was substandard and adulterated, containing both vegetable and animal fat-based adulterants, including LARD. Based on this lab report, the de-facto complainant, lodged a complaint requesting legal action against M/s AR Dairy Food Private Limited, Dindigul, for breaching tender agreement clauses and committing cheating for wrongful gain.

(3.) Heard learned counsel for the Petitioner and the learned Special Public Prosecutor.