(1.) The instant Criminal Petitions under Ss. 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 [For short ‘BNSS’] has been filed by the Petitioners / Accused Nos.1 and 51 respectively, seeking regular bail in connection with Crime No.21 of 2024 of CID Police Station, Mangalagiri, Guntur District registered for the offences under Ss. 409, 420, and 120-B read with Ss. 34, 37 of the Indian Penal Code, 1860 [For short ‘IPC’] and Ss. 7, 7(a), 8, 13 (1) (b) and 13(2) of the Prevention of Corruption Act, 1988[For short ‘PC Act’]. Case of the Prosecution precisely, is as follows:
(2.) The present crime arises out of allegations concerning large-scale irregularities in the implementation of the excise policy and functioning of the Andhra Pradesh State Beverages Corporation Limited (APSBCL) during 2019 to 2024. The matter came to light upon a representation made to the Principal Secretary to the Government of Andhra Pradesh, on 26/8/2024 by one Venkateswara Rao Srinivas, alleging irregularities in the excise policy from 2019 to 2024. The report highlighted issues such as unfair discrimination in the allocation of Orders for Supply (OFS) of liquor, leading to the suppression of established brands and preferential treatment for new brands, in violation of existing norms. It also raised concerns about the shift from an automated to a manual OFS system, which could allow for manipulations. After an enquiry, Principal Secretary referred the complaint to CID Police, Mangalagiri, which registered a case in Crime No.21 of 2024 against unknown persons on 23/9/2024, alleging offences under Ss. 409, 420, and 120-B of IPC. On 5/2/2025, the Government constituted a Special Investigation Team (SIT), vide G.O.Rt.No.262 to investigate the alleged irregularities in the excise policy and related crimes. Arguments advanced at the Bar:
(3.) Heard Sri Siddharth Dave, learned Senior Counsel assisted by Sri Patil Yugandhar Reddy, learned counsel for the Petitioner / Accused No.1, Sri O.Manohar Reddy, learned Senior Counsel assisted by Ms.Shagufta Jahan Noor, learned counsel for Petitioner / Accused No.51, and Sri Siddharth Aggarwal, learned Senior Counsel assisted by Sri M.Lakshmi Narayana, learned Public Prosecutor for State. On behalf of the Petitioner / Accused No.1: