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Supreme Court Denies to Former APSBCL MD & Ex-IT Advisor in Liquor Scam
In a significant development in the ongoing Andhra Pradesh liquor transportation scam, the has refused to grant to two former high-ranking officials of the . The bench, comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana, dismissed the petitions filed by former APSBCL Managing Director Donthireddy Vasudeva Reddy and former IT Advisor to the , Kessireddy Rajasekhar Reddy (alias Raj Kesireddy). However, the Court directed that against the petitioners be executed immediately, after which they may approach the trial court for .
The ruling comes as a blow to the accused, who had challenged the order of the denying them . The case involves allegations of manipulation of the liquor transportation tender process of APSBCL, a state-owned corporation responsible for the wholesale and retail distribution of liquor in Andhra Pradesh.
Background: The AP Liquor Scam
The controversy centres on irregularities in the award of contracts for transporting liquor across the state. The and the state police have been investigating a network of officials and private parties accused of rigging tenders and siphoning off public funds. Raj Kesireddy, a former IT Advisor to the previous , and Donthireddy Vasudeva Reddy, who served as the Managing Director of APSBCL, were among those named in the case.
Raj Kesireddy was already in in a separate case registered by the ED when the investigating agency sought his production in the present case. The petitioners had earlier approached the challenging their arrest and , arguing that their had been violated. They contended that the written were not furnished to them at the time of their arrest or sufficiently before their production before the magistrate, in breach of Articles 21 and 22(1) of and .
High Court's Earlier Ruling
The had initially held that the arrest and of the petitioners were unsustainable. The High Court observed that merely reading out the report, case record, order of arrest, and to an accused at the time of production before the Special Judge did not constitute sufficient compliance with Article 22(1). It emphasised that the accused must be provided with the in writing at the earliest opportunity, enabling them to effectively challenge their detention.
Following this order, the investigating agency sought fresh from the trial court. Apprehending arrest under these new warrants, the petitioners moved the High Court for . When that relief was denied, they approached the Supreme Court.
Arguments Before the Supreme Court
, representing Raj Kesireddy, and , appearing for Donthireddy Vasudeva Reddy, argued that the fresh were an attempt to circumvent the High Court's earlier finding. They contended that the arrest was illegal and that the subsequent case was instituted solely to frustrate the bail granted in the ED case and to perpetuate their custody. They submitted that the investigating agency had failed to provide the in writing, rendering the entire proceeding invalid.
On the other hand, the State, represented by its counsel, argued that the petitioners were brought before the Special Court pursuant to . It contended that the papers, including the , were furnished before the proceedings commenced. The State further pointed out that the detailed report and case papers had been provided upon arrival before the judicial enquiry.
The Supreme Court's Observations
The Supreme Court, after hearing both sides, was not persuaded to grant . The bench noted that the petitioners had already been taken into custody in connection with the same investigation and that the were validly issued. While the Court did not delve into the merits of the allegations, it directed that the be executed immediately, allowing the petitioners to be produced before the trial court. The Court clarified that once produced, the accused could apply for before the appropriate forum.
The ruling suggests that the Supreme Court is inclined to let the investigative process take its course, even as it acknowledges the procedural concerns raised by the petitioners. By not granting , the Court has effectively signalled that the accused must first submit to the jurisdiction of the trial court before seeking relief.
Legal Analysis: The Interplay of Arrest, , and Bail
This case raises important questions about the surrounding arrest and , particularly the requirement to furnish in writing. mandates that no person who is arrested shall be detained in custody without being informed of the as soon as may be, and that they shall have the right to consult and be defended by a legal practitioner. Section 47 of the BNSS reiterates this obligation, requiring the arresting officer to communicate the to the accused.
The had earlier taken a strict view, holding that oral communication of the grounds at the time of production is insufficient. However, the Supreme Court's refusal to grant suggests that the Court may have considered the totality of circumstances, including the fact that the petitioners were already in custody and that the investigation was at a critical stage.
Legal experts note that the decision underscores the principle that is not meant to be a shield against . The remedy for an lies in challenging the arrest itself, not in pre-empting it through . The Supreme Court's direction to execute the immediately and then allow the accused to seek reflects a pragmatic approach—ensuring that the investigation proceeds without delay while preserving the accused's right to challenge their detention.
Impact on Legal Practice
For criminal law practitioners, this judgment reiterates the importance of strict compliance with Article 22(1) and Section 47 BNSS. Investigating agencies must ensure that written are furnished promptly, failing which arrests may be struck down. However, the case also illustrates that even when procedural lapses occur, the court may still allow the investigation to continue if the accused is already in custody on other grounds.
The ruling may also influence how courts handle applications in cases where the accused is already in custody or where have been issued. It clarifies that the remedy of is not available to someone who is already under arrest, even if that arrest is alleged to be procedurally defective.
Conclusion
The Supreme Court's denial of to the former APSBCL MD and ex-IT advisor marks a critical juncture in the AP liquor scam investigation. While the petitioners have been directed to face the , they retain the option to seek before the trial court. The case is likely to proceed further, with the trial court expected to examine the validity of the arrest and the merits of the allegations.
As the investigation unfolds, legal observers will be watching closely to see how the courts balance the rights of the accused with the need for effective law enforcement. For now, the Supreme Court has made it clear that the accused must first submit to the judicial process before seeking liberty.
