APHC010100492026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1544/2026 Between: 1. VISHVANATHA R, S/O RAMANATH S, AGE 38 YEARS, R/O PESALAPARTHI VILLAGE, KOTHAKOTA, BAGEPALLI MANDAL, CHIKKABALLAPUR DISTRICT, KARNATAKA STATE(A2) ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR HIGH COURT OF A P AMARAVATHI ...RESPONDENT/COMPLAINANT 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 direct release of the petitioner/accused No. 2 on bail in the event of his Arrest in connection with Cr .No. 132 of 2025 on the file of Proh. & Excise Police Station, Kadiri, dated 11.11.2025, Sri Sathya Sai District, Counsel for the Petitioner/accused: 1. JITHENDRA P Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1544/2026 ORDER: This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), has been filed by the Petitioner herein/Accused No.2, seeking pre-arrest bail, in Crime No.132 of 2025 of Prohibition & Excise Police Station, Kadiri, registered for the offences punishable under Sections 7 r/w 8(b) (ii) of A.P. Prohibition Act, 1995 and 34(a) of A.P. Excise (Amendment) Act, 2000. 2. The case of the prosecution in brief, is that, On 11.11.2025 at about 10:30 AM, on receipt of credible information regarding illegal storage of Non- Duty Paid Liquor (NDPL), the Prohibition & Excise Inspector, Kadiri, along with the Prohibition & Excise Sub-Inspector, their staff, the CI of Police, Kadiri Town P.S., and mediators proceeded to the house of A1 – Mahal Pyarajahan, aged 46 years, S/o M. Mubarak, resident of Nalagutta Street, Kadiri Mandal, Sri Sathya Sai District. On reaching the spot, the officials found the accused in possession of a white urea bag and, on seeing the officials, he attempted to escape but was apprehended. 3. On verification, the bag was found to contain 20 tetra packets (190 ml each) of Bangalore Whisky printed with the words “For Sale in Karnataka State Only.” Thereafter, search proceedings under Section 185 BNSS were issued and a search of the house was conducted. During the search, 35 cartons were found under a cot in the bedroom, each containing 96 tetra 3 packets of Bangalore Whisky NDPL, totaling 3360 packets. Together with the 20 packets found in the bag, 3380 tetra packets were seized. On enquiry, the accused stated that he had purchased the liquor from A2 – Viswanath, resident of Bagepalli Taluk, Karnataka State, at ₹40 per packet, amounting to ₹1,35,200/-, and transported the same through inter-state buses to sell in Kadiri town during liquor shop closure hours. The accused also produced one Nokia mobile phone (Model TA-1030) with SIM No. 9247287180, which was seized. The officials drew 36 sample packets for chemical analysis and sealed the remaining contraband in the presence of mediators. The accused was informed that such possession and transport of NDPL is an offence under the A.P. Prohibition Act and was arrested along with the seized property under a panchanama conducted from 10:30 AM to 12:30 PM. 4. Heard Sri Jithendra P, learned counsel for the petitioner/accused No.2 and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 5. Learned counsel for the petitioner submits that the petitioner herein is Accused No.2. Even as per the contents of the mediators’ report, the only allegation against the petitioner is that A1 used to purchase liquor tetra packets from the petitioner, who is a license holder to sell such stock, and thereafter sell the same in Andhra Pradesh after closing of the bar shops to the public at higher rates. 4 6. Learned counsel for the petitioner further submits that there is no specific allegation against the petitioner in this matter, as the petitioner is only a license holder to sell such stock, and the same cannot be considered as an offence under the provisions of the Andhra Pradesh Excise Act, 1968. 7. Learned Assistant Public Prosecutor on behalf of the State submits that the petitioner is having a license to sell liquor in tetra packets at Bangalore. According to the case of prosecution, Accused No.1 purchased tetra packets of liquor in bulk from Karnataka from the shop of the petitioner and sold the same at higher rates in Andhra Pradesh. 8. Considering the submissions and on perusal of the material on record, it appears that while the petitioner/Accused No.2 may not have directly sold liquor in Andhra Pradesh, he supplied tetra packets of liquor to Accused No.1, who sold them at higher rates Although the petitioner holds a valid license to sell liquor in Karnataka, the transaction is implicated in the alleged offence under investigation. In view of these facts and the need to complete the investigation, this Court is not inclined to grant anticipatory bail to the petitioner at this stage. 9. At this juncture, learned counsel for the petitioner would submit that the petition may be disposed of giving liberty to the petitioner to surrender before the concerned jurisdictional court and file appropriate application. 10. Considering the submissions made, the Criminal Petition is disposed of giving liberty to the Petitioner/Accused No.2 to surrender before the learned 5 Jurisdictional Court concerned within one (01) week from the date of receipt of copy of this order, and move an appropriate application before the learned Jurisdictional Court concerned. The learned Jurisdictional Court concerned is directed to dispose of the said application in accordance with law, on its own merits by giving due and sufficient opportunity to the learned Public Prosecutor concerned, and pass appropriate orders as expeditiously as possible. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. __________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 11.03.2026. UPS 6 23 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1544/2026 11.03.2026 UPS