ORDER

This Criminal Revision Case is filed by the petitioner –respondent No.2 aggrieved by the order dated 18.12.2023 in Crl.M.P.No.1405 of 2023 in C.C.No.70 of 2015 on the file of the Court of the Special Judge for Trial of SPE & ACB Cases at Karimnagar.

2. Crl.M.P.No.1405 of 2023 is filed by the respondent No.1 - Special Public Prosecutor for withdrawal of prosecution against the petitioner – A2 under Section 321 of the Code of Criminal Procedure in respect of the offences punishable under Sections 13(1)(a)&(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short, ‘P.C. Act’) read with Sections 120-B and 34 of the IPC.

3. The allegations against the petitioner were that he worked as Additional Superintendent of Police (Operations), Adilabad and also worked as Sub- Divisional Police Officer, Adilabad Sub-Division from 04.07.2011 to 03.12.2011 and during his tenure, he received Rs.30,000/- on 31.10.2011, Rs.30,000/- on 14.11.2011 and Rs. 30,000/- on 30.11.2011 towards monthly bribe through one S. Vilas Reddy from the Adilabad liquor syndicate headed by the respondent No.2 in respect of 10 wine shops for doing official favour of not taking any action against the said wine shops for violation of the provisions of the Excise Act, 1968 and the Rules made thereunder and licensing conditions, such as sale of liquor over and above MRP rates, operation of belt shops, sale of liquor beyond the prescribed time, sale of loose liquor for consumption at the wine shops, and causing pecuniary advantage of Rs.90,000/- to the petitioner herein.

4. The case of the prosecution, as per the charge sheet filed by the Inspector of Police, ACB Karimnagar Range, Adilabad was that on credible information, a surprise check was conducted at Karimnagar Town on 13.12.2011 by intercepting a car belonging to the Officials of the Excise Department and Rs.3,62,640/- was seized from them under the cover of panchanama. As it was suspected to be amount collected as bribe for favouring the owners of the wine shops, a case vide Cr. No.15/RCO-ACB-KNR/2011 under Section 13(1)(a)& (d) of the P.C. Act, Sections 34, 120-B IPC & Sec 41(1)(a) and 102 Cr.P.C., was registered by the ACB Karimnagar Range on 14.12.2011.During the course of investigation, it was revealed that the above money was collected illegally from owners of some wine shops of Karimnagar District, who formed themselves as a group (informally called as Syndicate) for not taking any action for violation of Excise laws, Rules and Licence permissions, etc.. Subsequently, the Inspector, ACB, Karimnagar Range conducted search on 16.12.2011 in the premises of Praja Wines Godown cum Liquor Syndicate office at shop No.2, New ward No.21, near NTR Chowk, Adilabad Town and seized 2 registers relating to accounts of wine shops of the Liquor syndicate containing particulars of payments and expenditure, etc. of the syndicate. They also contain entries pertaining to the illegal amount paid to the public servants on different dates, during the period from October 2011 to December 2011.Based on the seized records, the D.S.P., ACB, Karimnagar Range prepared an occurrence report and scrutiny report and submitted the same to the DG, ACB, AP, Hyderabad. The DG, ACB, Hyderabad ordered to register a case of Criminal Misconduct under the P.C. Act and to investigate into the allegations and a case in Cr. No.03/RCO-KNR/2012 under Sections 7, 8, 12 &13(1) (a) (d) read with 13(2) of the P.C. Act and Sections 120-B, 34 & 109 of IPC of ACB of Karimnagar Range, Adilabad was registered on 25.01.2012 and investigated into. The investigation revealed that, the petitioner worked as Additional Superintendent of Police (Operations), Adilabad and also worked as SDPO, Adilabad Sub- Division form 04-07-2011 to 03-12-2011. During his tenure, the petitioner allowed irregularities in the 10 wine shops vide GSL No. (1). Ravanna Wines, Adilabad; GSL No. (2) Praja Wines Adilabad; GSL. No. (3) New Praja Wines, Adilabad; GSL.No. (