APHC010713262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

(Special Original Jurisdiction)

TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No:974 / 2026 Between:

R ALLAPALLI SRINIVASA SRI VENKATA RAMA SUBRAHMANYAM @ RSSVR SUBRAHMANYAM, S/O.R.SOMESWAR RAO, AGED 58 YEARS, R/O.D.NO.6-8-993, N.G.Os‟ COLONY, OPPOSITE TO VALMIKI TEMPLE, TIRUPATI – 517 507.

...PETITIONER/ACCUSED No.29 AND

1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI, THROUGH STATION HOUSE OFFICER, TIRUPATI EAST POLICE STATION.

2. THE SPECIAL INVESTIGATION TEAM, SIT OFFICE, OLD SCBC BUILDING, OPPOSITE LINK BUSSTAND, ALIPIRI, TIRUPATI -

517507.

...RESPONDENTS/COMPLAINANT(S):

Counsel for the Petitioner/Accused No.29:

1. K.S.MURTHY ASSOCIATES Counsel for the Respondent/complainant(S):

1. SPECIAL PUBLIC PROSECUTOR FOR CBI The Court made the following:

ORDER:

This Criminal Petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short „BNSS‟), has been filed by the Petitioner / Accused No.29, seeking regular bail in connection with Crime No.470 of 2024 of Tirupati East Police Station, Tirupati District registered for the offences under Sections 274, 275, 316(5), 318(3), 318(4), 61(2), 299 read with 49 read with 3(5) of BNS and Sections 51 and 59 of Food Safety and Standards Act, 2006 (for short „FSS Act‟).

2. It is alleged against the Petitioner / Accused No.29 that, he worked as General Manager (Procurement), TTD, Tirupati during the periods from 06.07.2017 to 17.05.2018 and from 13.05.2020 to 01.05.2023, and that he was the head of the Procurement Section responsible for procurement of various commodities, including “Agmark Special grade cow ghee” for the preparation of sacred Srivari Laddu Prasadams. It is also alleged that, as a member of the technical team for plant inspection, he accepted undue advantage and issued a favourable plant inspection report in favour of M/s Bhole Baba Organic Dairy Milk Private Limited. Further, it is alleged that during the period from March 2022 to April 2023, he demanded and accepted undue advantage and extended official favour to M/s Bhole Baba Organic Dairy Milk Private Limited, M/s Sri Vyshnavi Dairy Specialities Private Limited, and M/s Malganga Milk and Agro Products Private Limited.

3. Heard Sri K.S.Murthy, learned Senior Counsel on behalf of the Petitioner and Sri P.S.P.Suresh Kumar, learned Special Public Prosecutor for CBI.

4. Learned Senior Counsel for the Petitioner submits that the allegations levelled against the Petitioner are wholly false and untenable. Even assuming that any adulteration in ghee was found, it is the statutory duty of the Deputy Executive Officer (Warehousing) to issue notices, place the matter on file, and initiate appropriate action, and the Petitioner had no role or responsibility in initiating any such proceedings.

It is further submitted that the report in question was not issued by the Petitioner but the same was issued by the Plant Inspection Team. The investigation agency‟s claim that the reports of the inspection committees were manipulated by the Petitioner is baseless, as all such reports are prepared and signed by independent dairy experts and senior officials, including members of the Ghee Committee from outside TTD, such as experts from Bangalore and Hyderabad, who conduct independent inspections and assessments. The Petitioner‟s role was limited to coordination of visits.

Learned Senior Counsel would submit that when Bhole Baba Dairy failed to furnish requisite documents in June 2022, it was duly found not qualified for the subsequent supply period commencing November 2022. Further, the exclusion of “Beta Sitosterol” from the tender conditions was a decision taken by the Executive Officer based on expert recommendations and in conformity with prevailing FSSAI standards, and the Petitioner had no role in