(Prayer: Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge on bail to the Petitioner / Accused No. 23 in connection with Crime No. 171 of 2025 on the file of Prohibition and Excise Police Station, Bhavanipuram, N.T.R District)
1. This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the Petitioner herein/Accused No.23, seeking regular bail, in Crime No.171 of 2025 of Proh. & Excise Bhavaipuram Police Station, NTR District, registered for the offences punishable under Sections 13(e), 13 (f), 34(a) r/w 34(a)(1)(ii), 34(e), 34(f), 34(h) r/w 34(2) & 36(1)(b)&(c), 37, 42, 50, 50B, of A.P.Excise (Amendment) Act, 2020.
2. The case of the prosecution in brief, is that, on 16.10.2025, at about 12.15 p.m., the complainant and his staff conducted raid at D.No.18-43, Apna Bazar Godown, located near Ibrahimpatnam Village and Mandal, NTR District and found in total 1272 liquor bottles (228.96 lts) with labels and 6528 liquor bottles without labels, blended cans-95 each can containing 35 Lts capacity, total-3,325 Lts, Old Admiral Brandy Labels-6,500 labels, Empty bottles- 22,000, Pipes-2 and bottling capping machine-1 in the possession of the accused and seized the same under the cover of mediators’ report and accordingly, arrested them. Based on the said mediators’ report, a case in Crime No.171 of 2025 for the offences punishable under Sections 13(e), 13 (f), 34(a) r/w 34(a)(1)(ii), 34(e), 34(f), 34(h) r/w 34(2) & 36(1)(b)&(c), 37, 42, 50, 50B, of A.P.Excise (Amendment) Act, 2020, has been registered. Thereafter, on 30.11.2025, the Assistant Proh. & Excise Superintendent, Vijayawada filed memo for adding A13 to A25 who were involved in the case and the same was allowed by the Court.
3. Heard Smt. Anu Priya Sethi, learned counsel representing Sri Naga Raju Kollati, learned counsel for the petitioner/accused No.23 and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.
4. Learned counsel for the petitioner would submit that the petitioner herein is the Accused No.23 and the petitioner was falsely implicated in the alleged crime, he is no way concerned with the offence. She further submits that the petitioner is the proprietor and GPA Holder of Akshya Caps doing manufacture of the caps for various bottles and supplies to Pharma Companies, Beverages and individuals and supplies caps by receiving orders. The petitioner has supplied caps to the customers only without knowing the purpose of using the caps. She would further submit that there are total 8 cases registered against the petitioner which are similar in nature, out of which, six (6) cases were registered in Andhra Pradesh, wherein, he was granted anticipatory bail in four cases and interim protection in one case, except this case. Learned counsel for the petitioner would further submit that all the other accused who were arrested in connection with the present crime, were released on bail. Except the confessional statement, no other incriminating material is there against the petitioner. She would further submit that the petitioner has approached the learned VI Additional Judicial Magistrate of First Class, Vijayawada, seeking regular bail in Crl.M.P.No.4038 of 2025 and the same was dismissed vide Order dated 08.01.2026, holding that the police custody granted by the learned Magistrate is still pending at that time i.e., from 09.01.2026 to 12.01.2026. She would further submit that the petitioner is ready and willing to furnish sufficient sureties to the satisfaction of the learned Trial Court to secure his presence for the purpose of investigation in the event of petitioner is enlarged on bail. Learned counsel finally prays to allow the present petition.
5. Learned Assistant Public Prosecutor on behalf of the State vehemently opposed the petition and contended that the investigation revealed that A-20 & A-23 with full knowledge about the manufacture and supply of bottles deliberately manufactured and supplied such counterfeit caps and bottles to A1 & A2. A23 knowingly and willingly participated in the illegal liquor racket by supplying packing material used exclusively for Government Regulated Liquor Trade. She further submits that there are fund transfers which clearly indicate the financial link between A1, A4 & A23. She would further submit that investigation is pending for FSL report. Preliminary charge sheet is also filed. Learned Assistant Public Prosecutor finally prays for dismissal of the petition.
6. In Manish Sisodia v. Directorate of Enforcement ((2024) 12 SCC 660) , the Hon’ble Supreme Court held that Article 21 serves as a constitutional safety valve that can override even the most stringent statutory bars to bail. It was held that 17 months of pre-trial incarceration without the trial commencing constitutes a violation of the right to liberty. The Hon’ble Supreme Court also emphasized that prolonged pre-trial detention must not be utilized as a tool for punishment, as punishment should only follow a formal conviction. Similarly, in Union of India v. K.A. Najeeb((2021) 3 SCC 713), it was held that gross delay in trial disposal justifies the invocation of Article 21, even in matters governed by laws with restrictive bail provisions. This position of law has also been recently reiterated by the Hon’ble Apex Court in Arvind Dham v Directorate of Enforcement.( 2026 INSC 12)
7. This Court takes note of the fact that co-accused, who are similarly placed in terms of the nature of allegations, have already been enlarged on bail. Though the principle of parity is not absolute and cannot be applied mechanically, it remains a relevant consideration, particularly where the role attributed to the applicant does not stand on a materially higher footing.In view of the custody, completion of investigation, parity with co-accused, and the likelihood of a protracted trial, and the principle that bail is the rule and jail is the exception, this Court is of the view that further incarceration of Accused No.23 is not warranted at this stage. Accordingly, Criminal Petition is liable to be allowed.
8. In that view of the matter, Criminal Petition is allowed and the Petitioner/ Accused No.23 is hereby enlarged on regular bail on the following conditions;
i. The Petitioner/Accused No.23 shall execute a personal bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) each with two sureties for a like sum each, to the satisfaction of the learned VI Additional Judicial Magistrate of First Class Court, Vijayawada.
ii. The Petitioner/Accused No.23 shall surrender his passport, if any, before the trial Court and shall not leave India without prior permission of the said Court.
iii. The Petitioner/Accused No.23 shall appear before the Investigating Officer as and when required and shall cooperate with further investigation, if any.
iv. The Petitioner/Accused No.23 shall not directly or indirectly tamper with evidence nor influence, intimidate, or induce any prosecution witness.
v. The Petitioner/Accused No.23 shall not contact any of the prosecution witnesses or co-accused, except during legal proceedings.
vi. The Petitioner/Accused No.23 shall not make or publish or disseminate any information, statement, or post whether in print, electronic or social media concerning the present crime till conclusion of the trial.
vii. The Petitioner/Accused No.23 shall furnish their active mobile number to the Investigating Officer and shall be available at all times and any change shall be intimated forthwith.
viii. The Petitioner/Accused No.23 shall appear before the Station House Officer, concerned, once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m. till further orders.
9. In the event of violation of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail.
10. It is also made clear that the observations made in this order are only for the purpose of deciding the bail applications and they shall not be construed as opinion on the merits of the Crime.
As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.
