Andhra Pradesh High Court - Amravati
Sanjay Chouhan vs The State Of Andhra Pradesh on 29 April, 2025
Author: K. Sreenivasa Reddy
Bench: K. Sreenivasa Reddy
THE HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.3831 of 2025
Order:
This Criminal Petition, under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, has been filed by the
petitioner/Accused, seeking anticipatory bail, in Crime No.470 of
2024 of Tirupathi East Police Station, Tirupathi district,
registered for the offences punishable under Sections 274, 275,
316(5), 318(3), 318(4), 61(2), 299 read with 49 read with 3(5) of
the Bharatiya Nyaya Sanhita, 2023 and Sections 51 and 59 of
the Food Safety and Standards Act, 2006.
2. Case of the prosecution, in brief, is that, this is a case of
cheating, criminal breach of trust by a merchant, causing
wrongful loss to TTD with a dishonest and common intention to
supply adulterated and substandard Cow Ghee deviating the
conditions of tender agreement between M/s. AR Dairy Food
Private Limited, Dindigal, Tamilnadu and the TTD authorities by
conspiring with some TTD officials having vested interests and
abetting them with criminal conspiracy and ill intention to
deliberately hurt religious sentiments of the Hindu devotees of
Lord Sri Venkateswara Swamy, Tirumala by supplying
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adulterated Ghee to TTD, that occurred prior to 12.07.2024 at
TTD Administration building, Tirupati and reported in the East
Police Station, Tirupati on 25.09.2024 at 01.45 PM, by the
informant, who is the General Manager (Procurement), TTD,
Tirupati.
3. It is alleged in the report that the TTD called for tenders
for supply of 10 lakh KGs of Cow Ghee with Agmark special
grade on 12.03.2024. The tender was finalized on 08.05.2024
and supply order was issued on 15.05.2024 to M/s. AR Dairy
Food Private Limited, Dindigal, Tamilnadu and they supplied
four tankers on 12.06.2024, 20.06.2024, 25.06.2024 and
04.07.2024respectively. The samples of the Ghee was sent to NDDB CALF Lab, Anand, Gujarat State for adulteration testing confidentially and lab report dated 12.07.2024 was issued stating that the Ghee supplied by M/s. AR Dairy Food Private Limited, Dindigal is substandard and adulterated Ghee and that all the samples have vegetable and animal fat based adulterants including LARD.
4. Further case of the prosecution is that the Directors of Bhole Baba Dairy, Sri Vyshnavi Dairy and AR Dairy conspired together and in furtherance of the criminal conspiracy, they 3 created false and fabricated documents and submitted the same to TTD with a dishonest intention to get tender in favour of M/s. AR Dairy and in furtherance of said conspiracy, on receipt of Ghee from Bhole Baba to Vyshnavi Dairy, supplied the same to TTD through AR Dairy, which is substandard and adulterated with vegetable fats and animals fats as per the NDDB CALF test reports.
5. Heard. Perused the record.
6. A perusal of the material on record goes to show that basing on the report of the General Manager (Procurement), TTD, Tirupati, the present crime has been registered against M/s. AR Dairy Foods Private Limited, Dindigul and others. The Directors of M/s. Bhole Baba Organic Dairy Private Limited, Bhagwanpur, Roorke, Uttarakhand are arrayed as A3 and A4 in the present crime and the petitioner herein is working as a Machine Operator in the said M/s. Bhole Baba Organic Dairy Private Limited. The accusations attributed against the petitioner herein and others are very serious in nature. Learned Additional Public Prosecutor submitted that the investigation is at nascent stage and some more witnesses are to be examined and at this stage if the petitioner is granted anticipatory bail he 4 may hamper the investigation and tamper with the prosecution witnesses. In view of the aforesaid facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner herein.
7. Accordingly, the Criminal Petition is dismissed.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.
_______________________ K. SREENIVASA REDDY, J Dated:29.04.2025 Nsr 5 HON'BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.3831 of 2025 Dated:29.04.2025 Nsr