Anticipatory bail granted due to insufficient evidence of petitioner's direct involvement in alleged economic offences, emphasizing the necessity of proving criminal intent.

ORDER :

This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’), has been filed on behalf of the petitioner/accused No.6 to grant anticipatory bail in connection with Crime No.349 of 2024 of Bandar Taluq Police Station, Machilipatnam.

2. A case has been registered against the petitioner/accused No.6 and other accused for the offences punishable under Sections 316 (3), 316 (5), 61 (2) read with 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘BNS’).

3. Basing on a report dated 10.12.2024 lodged by Ch.Koti Reddy, Assistant Manager Technical, Andhra Pradesh State Civil Supplies Corporation Limited (for short, ‘APSCSCL’), Krishna to Bandar Taluq Police Station, Machilipatnam against accused No.1/P.Jaya Sudha and accused No.2/B.Manas Teja, who are the Investor and the Manager, respectively, of JS Warehouse situated at Machilipatnam, the subject crime was registered.

4. It is alleged in the report that accused No.1 submitted a representation on 26.11.2024 stating that for two years, she conducted the operations of warehouse, but due to her health issues for the last six months, she appointed accused No.2 to look after the godown operations; that on 25.11.2024, accused No.2 informed accused No.1 about shortage of rice stocks in JS Warehouse godown, and on that, accused No.1 noticed the shortage and attributed the shortage to be a technical problem with weighbridge and she would take full responsibility for shortage of rice stock and was willing to pay the cost of rice stock or the stock of rice duly following the orders, and the intention of accused No.1 is to avoid any loss to the government exchequer and ensure transparency in their operations and requested to take necessary steps to rectify the situation.

On 04.12.2024, the JC & EOED, APSCSCL, Krishna inspected the JS Warehouse, conducted physical verification of stock, compared the same on ground balance with book balance and found variation of 3,708 bags worth of Rs.85,28,400/-. As per the Agreement, Clause No.19, accused No.1, being the Investor, is liable for criminal action, if any, diversion of stocks/ mishandling of stocks for unlawful activities noticed by the Corporation. Hence, the report.

5. During the course of investigation, it was revealed that the petitioner/accused No.6, husband of accused No.1, at first, got constructed a godown in the name of his mother-in-law viz. Pattapu Satyanara- yanamma, as ‘Satya Ware House’ in an extent of Ac.2.58 cents in LP No.89/2 in Ac.11.00 cents of vacant land in LP Nos.89/2 and 92/1 situated at Potlapalem village, Bandar Mandal; later, in the year 2022, petitioner/ accused No.6 got constructed another JS Ware House godown in the name of his wife i.e. accused No.1, in an extent of Ac.2.18 cents in part of LP No.89/2 and 92/1; the entire Ac.11.00 cents of land is having compound wall on three sides and on the eastern side, vacant site is situated for both godowns, there is only one weighbridge in the name of Satyanarayanamma, at its office room.

On 30.12.2024 at 8.00 a.m. police arrested accused No.2-Manager of JS Ware House and he confessed that he conspired to divert subsidized rice meant for poor people without reaching them properly and thereby deprived them of their rightful share. In the meantime, police also arrested accused No.3-Assistant Manager Technical, accused No.4-Lorry Driver and accused No.5-lease holder of rice mill. Investigation disclosed that accused No.2 sold PDS rice bags from the godown of accused No.1, through accused No.4 and further, accused No.4 sold the PDS rice bags through accused No.5 and acquired a sum of Rs.22,33,980/- and credited to the bank account of accused No.2 and on that, accused No.2 gave a sum of Rs.2,21,500/- stating that accused No.6 had given the said sum for his co-operation in illegal transportation of stock; whereas, accused No.5 confessed that he purchased rice from A.4 from 30.7.2024 to 11.11.2024 and paid an amount of Rs.16.00