ORDER :

Venkata Jyothirmai Pratapa, J.

The instant Criminal Petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [For short ‘BNSS’] has been filed by the Petitioner / Accused No.49, seeking regular bail in connection with Crime No.21 of 2024 of CID Police Station, Mangalagiri, Guntur District registered for the offences under Sections 409, 420, and 120-B read with Sections 34, 37 of the Indian Penal Code, 1860, For short ‘IPC’ and Sections 7, 7(a), 8, 13(1)(b) & 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 26.08.2024 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 23.09.2024, alleging offences under Sections 409, 420, and 120-B of IPC. On 05.02.2025, 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.

3. Petitioner herein is Accused No.49 in the above crime. The allegations against the Petitioner / Accused No.49 are that, he deeply involved in a well-orchestrated criminal conspiracy involving creating of bank accounts and operation and incorporation of shell companies for the facilitation of transactions arising out of the illicit liquor trade and to route the funds received as kickbacks. Petitioner is one of the principal organizers of a structured network of shell companies, operated through benami Directiors and financial conduits.

Arguments advanced at the Bar:

4. Heard Sri B.Abhay Siddhanth, learned counsel for the Petitioner / Accused No.49, and Sri M.Lakshmi Narayana, learned Public Prosecutor assisted by Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for State.

On behalf of the Petitioner / Accused No.49:

5. Learned counsel for the Petitioner / Accused No.49 would submit that the complaint, FIR, and remand report do not attribute any specific overt act or distinct role to the Petitioner. Learned counsel would further submit that the alleged act of converting white money into black money is not per se criminalized under the Indian Penal Code. In the absence of a statutory prohibition, the prosecution’s case is fundamentally untenable, rendering the invocation of IPC provisions and the Prevention of Corruption Act legally unsustainable. It is further submitted that the material on record does not disclose any act attributable to the Petitioner constituting the alleged offences. The investigation is complete, and the charge sheet has also been filed and hence, continued detention would amount to pre-trial punishment.

Learned counsel further contends that the trial is likely to be protracted, given the large number of witnesses and voluminous evidence, thereby infringing the Petitioner’s fundamental right to a speedy trial under Article 21 of the Constitution of India. All evidence is documentary and already in custody of the investigating agency, eliminating any risk of tampering. The Petitioner has cooperated throughout and was initially treated as a witness before being arrested. It is submitted that, A