APHC010473012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9385/2025 Between: SRI PITTA PYDIRAJU, S/O PITTA SURI, AGED 23 YRS, D.NO.1 -163 ,BUTCHIMPETA RAJAM VILLAGE, RAJAM, VIZIANAGARAM DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Through the S.H.O., of Prohibition and Excise Station Pathapatnam, Srikakulam District Rep., by its Public Prosecutor High Court at Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: RAVURI LEELA SAI SAMPATH Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by 2 Dr. YLR, J Crl.P.No.9385 of 2025 Dated 17.09.2025 the petitioner/Accused No.2 for granting of pre-arrest bail in connection with Crime No.68 of 2025 of Prohibition & Excise Station, Pathapatnam, Srikakulam District, registered for the alleged offences punishable under Sections 34(a) read with 34 (1)(ii) & 36 (1)(i) & 37 (a) read with 37 (1) & 37 (c) read with 37 (1) of the Andhra Pradesh Excise Act, 1968 Rule 31 (1), Rule 35 and Rule 42 of the Andhra Pradesh Excise Rules, 2024. 2. The case of the prosecution is that on 03.09.2025, under the supervision of the A.E.S. Enforcement Wing, Srikakulam, the Prohibition & Excise Inspector, Sub-Inspector, staff, and mediators conducted an inspection at M/s. Durga Wines, Avalangi Village, Saravakota Mandal. They found A-3 and A-4 conducting sales without a valid Nowkarnama license. On verification, 8 bottles of Tata Copper (16 Lts), 20 bottles of Officers Choice Whisky (3.24 Lts), and 152 bottles of Royal Lancer Whisky (27.10 Lts), totaling 54.10 Lts of spurious liquor, were seized. The accused disclosed that Neelakanteswara Rao and Pitta Pydi Raju were manufacturing spurious liquor at Monangi Street, Avalangi Village. Cell phones were seized, and samples were collected for chemical analysis. In a subsequent search at the preparation house, 50 bottles of Tata Copper (100 Lts), A.C. Black Classic Whisky, and 40 empty water bottles of 2 Lts capacity each were found. Consequently, FIR 3 Dr. YLR, J Crl.P.No.9385 of 2025 Dated 17.09.2025 No.68/2025 was registered against A-1 to A-5. A-3 and A-4 were produced before the Judicial Magistrate of First Class, Pathapatnam, and remanded to judicial custody. 3. Sri Ravuru Leela Sai Sampath, the learned counsel for the petitioner, contends that the petitioner is the innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per contra, Mr. Neelotphal Ganji, the learned Assistant Public Prosecutor vehemently opposed the grant of pre-arrest bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on pre-arrest bail, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law, and urged to dismiss the petition. 4 Dr. YLR, J Crl.P.No.9385 of 2025 Dated 17.09.2025 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As per the mediator’s report dated 03.09.2025, the Prohibition and Excise Inspector, Pathapatnam, recorded that accused Nos.3 and 4 made a confessional statement regarding 157 liters of spurious liquor. Accused Nos. 3 and 4 were arrested and remanded to judicial custody. Accused No. 5 is the original licensed holder of the liquor shop, while the petitioner is only a salesman employed to sell liquor in the shop. The petitioner/Accused No.2 is aged about 23 years. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioner/Accused No.2. 7. Considering the facts and circumstances of the case, the gravity and nature of the allegations leveled against the petitioner, the alleged role played by him in this case, this Court deems it fit to grant pre-arrest bail to the petitioner with the following conditions: i. In the event of his arrest, the petitioner/Accused No.2 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the arresting police officials; 5 Dr. YLR, J Crl.P.No.9385 of 2025 Dated 17.09.2025 ii. The petitioner/Accused No.2 shall make himself available for investigation as and when required; iii. The petitioner/Accused No.2 shall not cause any threat, inducement or promise to the prosecution witnesses; iv. The petitioner/Accused No.2 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 filing of the charge sheet. v. The petitioner/Accused No.2 shall not leave the limits of the District without the express permission from the Station House Officer concerned. 8. In the result, the Criminal Petition is allowed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _______________________ DR. Y. LAKSHMANA RAO, J Date: 17.09.2025 RSI 6 Dr. YLR, J Crl.P.No.9385 of 2025 Dated 17.09.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.9385 of 2025 Date: 17.09.2025 RSI