APHC010383392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7843/2025 Between: Dara Boina Prasad ...PETITIONER/ACCUSED AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: Naga Raju Kollati Counsel for the Respondent/complainant: Public Prosecutor The Court made the following: Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused for granting pre-arrest bail in connection with Crime No.99 of 2025 of Prohibition and Excise Police Station, Amalapuram, Dr. B.R. Ambedkar Konaseema District, registered for the alleged offences punishable under Sections 34(1)(ii)(2) read with 34 (a)(h) of Andhra Pradesh Excise Act, 1968 (for brevity ‘the Act’). 2 Dr.YLR, J Crl.P.No.7843 of 2025 Dated 04.08.2025 2. The case of the prosecution is that on 23.06.2025 at around 11:00 p.m., a raid was conducted by the complainant along with staff and mediators at the vegetable shop of Chinthapalli Somasekhar, located at Y Junction, in connection with Prohibition and Excise offences. The incident was reported on 24.06.2025 at 5:00 a.m. During the raid, 10 accused persons were found to be involved in the illegal possession and distribution of prohibited liquor. The contraband seized included:1,065 litters of spirit,125 bottles (with seals) of AC Black Classic Whisky (180 ml each),one litter of loose liquor stored in a one- litter capacity plastic bottle, one Vivo Y200 E 50 mobile phone, one iron cap sealing machine,6,000 empty PET bottles,6,000 bottle caps,6,000 AC Black Classic Whisky labels, one kilogram of caramel used for mixing, andone Bajaj Maxima Auto bearing registration number AP39 TL 5865.These acts constitute offences under the A.P. Prohibition (Amendment) Act, 2023. From the seized material, the following were collected as samples for chemical analysis: four bottles (180 ml each) of suspected spurious AC Black Classic Whisky, one litter of loose liquor, thirty-six spirit samples (300 ml each), and one kilogram of caramel. A mediator report was prepared, and the scene of the offence was documented. The case, along with all seized material and samples, was handed over to the Prohibition and Excise Station, Amalapuram, for further investigation. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3 Dr.YLR, J Crl.P.No.7843 of 2025 Dated 04.08.2025 4. Sri Naga Raju Kollati, the learned counsel for the petitioner, submits that the petitioner has not committed any offence; he was falsely implicated in this case. He is the sole breadwinner of his family. He is ready to abide by any conditions to be imposed by this Court. It is urged to grant pre-arrest bail to the petitioner. 5. Per contra, Ms. P. Akhila, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the petitioner is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law. However, it is submitted that there are no adverse antecedents against the petitioner, and requested to pass appropriate orders. 6. Based on the confession of one accused, the petitioner herein is arraigned as accused. Except the said confession given during the custody of Prohibition and Excise Officials, no other incriminating material is available against the petitioner, so for. The petitioner is resident of Plot No.145/146, Bhavani Nagar, Mallapur, Hyderabad, Telangana State. He alleged that due to political rivalry he was arraigned as accused in this case. Considering the nature and gravity of the allegations levelled against the petitioner and his alleged role played in this case, this Court deems it fit to grant pre-arrest bail to the petitioner/accused. . 4 Dr.YLR, J Crl.P.No.7843 of 2025 Dated 04.08.2025 8. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of his arrest, the Petitioner/Accused shall be enlarged on bail subject to he executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only), each with two sureties for the like sum each to the satisfaction of the arresting police officials; ii. The Petitioner/Accused shall make himself available for investigation as and when required; iii. The Petitioner/Accused shall not cause any threat, inducement or promise to the prosecution witnesses; iv. The Petitioner/Accused shall appear before the Station House Officer concerned once a week i.e., every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. v. The Petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned. _______________________ DR. Y. LAKSHMANA RAO, J Date: 04.08.2025 KMS 5 Dr.YLR, J Crl.P.No.7843 of 2025 Dated 04.08.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7843/2025 Dated 04.08.2025 KMS