RAJU RAJASEKHARAN Vs. STATE OF A.P.

JUDGEMENT

(1.) The Criminal Petition, under Sec. 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS'), is filed on behalf of the petitioner/A.2 to grant regular bail in connection with Crime No.470/2024 of Tirupathi East Police Station, Tirupathi District.

(2.) A case has been registered against the accused and others for the offence punishable under Ss. 274, 275, 316(5), 318(4), 61(2), 299 r/w 49 r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Sec. 51 & 59 of the Food Safety and Standard Act (for short, 'FSSA').

(3.) The prosecution's case concerns charges of cheating, criminal breach of trust by a merchant, and causing wrongful loss to the Tirumala Tirupati Devasthanams (TTD) with a dishonest and common intention. It is alleged that M/s AR Dairy Food Private Limited, Dindigul, Tamil Nadu, in conspiracy with certain TTD officials with vested interests, knowingly supplied adulterated and substandard cow ghee in violation of the conditions outlined in the tender agreement. This act, the prosecution asserts, was part of a deliberate criminal conspiracy aimed at not only defrauding TTD but also hurting the religious sentiments of Hindu devotees of Lord Sri Venkateswara Swamy, Tirumala. The alleged incident occurred before 12/7/2024, at the TTD Administration Building, Tirupati, and was formally reported at the East Police Station, Tirupati, on 25/9/2024 at 1:45 PM by the complainant, Sri P. Murali Krishna, General Manager (Procurement), TTD. According to the complaint, TTD had floated a tender on 12/3/2024 to procure 10 lakh kilograms of cow ghee with Agmark Special Grade. The tender was awarded to M/s AR Dairy Food Private Limited on 8/5/2024, with the supply order issued on 15/5/2024. The supplier delivered four consignments via tankers on 12/6/2024, 20/6/2024, 25/6/2024, and 4/7/2024. Samples from these consignments were discreetly sent for analysis to the NDDB CALF Laboratory in Anand, Gujarat. In its report dtd. 12/7/2024, the laboratory confirmed that the ghee was substandard and adulterated, containing both vegetable and animal fatbased adulterants, including lard. Based on this laboratory analysis, Sri P. Murali Krishna filed a formal complaint requesting legal action against M/s AR Dairy Food Private Limited for breach of contractual obligations and for committing fraud and cheating with intent to obtain wrongful gain.