Manoj Kumar Mutta vs The State Of Andhra Pradesh

2026 INSC 215 NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1263 OF 2026 (ARISING OUT OF S.L.P. (CRIMINAL) NO.20419 OF 2025)

MANOJ KUMAR MUTTA APPELLANT(S)

VERSUS

THE STATE OF ANDHRA PRADESH RESPONDENT(S)

JUDGMENT

PRASHANT KUMAR MISHRA, J.

1. Leave granted.

2. The present Appeal has been preferred by the appellant against the

order dated 5.12.2025 in Criminal Petition No.12215 of 2025 passed by the

High Court of Andhra Pradesh at Amaravati wherein the High Court has

refused to grant anticipatory bail to the appellant in the subject First

Information Report1 being Crime No. 171 of 2025 registered at

Bhavanipuram Prohibition and Excise Police Station, NTR District,

registered for the alleged offences punishable under Sections 34(a) read with

Sections 34(1)(i), 34(1)(ii) and 34(e) read with Sections 50B(b), 34(f) read with

Sections 34(2) and 34(h) read with Sections 34(2) and 34(h) read with Signature Not Verified

Sections 34(2) and 36(1)(b & c) read with Sections 36(1)(i) and 37(b) read Digitally signed by NISHA KHULBEY Date: 2026.03.10 16:59:05 IST Reason:

1 For short, “the FIR”

Criminal Appeal @ SLP (Crl.) No.20419/2025 Page 1 of 5 with Sections 37(i) and 50 read with Section 50B(b) of the Andhra Pradesh

Excise Act, 1968.

3. The appellant is a businessman engaged in the business of

manufacture of plastic and aluminum bottle caps through his establishment

‘Sha Misrimal Hirachand Empty Glass Bottles Wholesale’ at Vijayawada,

having duly registered under the Andhra Pradesh Shops and

Establishments Act.

4. As per the prosecution’s case, on 6.10.2025, a raid was conducted at

the shop of Addepalli Jagan Mohana Rao (accused no.2), Ravi Khirana

General Stores in Ibrahimpatnam Town and a nearby godown in Divya

Complex by Excise Officials which led to the seizure of 7800 bottles of

spurious liquor, 3325 litres of spurious liquor blend and bottling and

capping machinery. A subsequent raid was conducted on the same day at

the A.N.R. Restaurant & Bar uncovering heavy manufacturing equipment,

including a water plant and spirit blending tanks. The investigation

revealed that the accused utilised the vacant premises of the A.N.R.

Restaurant & Bar to blend spirit with water, caramel and essences to

produce counterfeit versions of brands like Old Admiral Brandy and Kerala

Malt Whiskey.

5. During custodial interrogation of accused nos.1 and 2, it surfaced that

essential materials, specifically plastic bottles and caps required for the

bottling unit, were procured through the appellant. Subsequently, a memo

dated 30.10.2025 was filed before the learned Additional VI Judicial

Criminal Appeal @ SLP (Crl.) No.20419/2025 Page 2 of 5 Magistrate of First Class, Vijayawada, for adding Manoj Kotaria of

Vijayawada as accused no.20 in the present FIR.

6. During investigation, LW-14 referred to the appellant as Manoj

Kothariya @ Manoj Kumar, the owner of Mishramal Heerachand Plastic

Dealers. Similar references were made by two other witnesses ascribing the

role of supply of bottles and caps with Government labels for manufacture of

spurious liquor to the appellant. Another memo dated 11.11.2025 was filed

by the prosecution before the learned Additional VI Judicial Magistrate of

First Class, Vijayawada, for changing the name of accused no.20 in the

instant FIR to Mutta Manoj Kumar @ Manoj Kotaria, son of Misramal Ji.

Investigation further revealed that witnesses had approached the appellant

for procuring bottles and caps with Government labels intended for the

manufacture of spurious liquor and there were 400 calls between the

appellant and accused No.23, who, as per the investigation, coordinated

with accused nos.1 and 2 for supply of fake bottles and caps. Financial

transactions have been discovered between the appellant and accused no.2

during the course of investigation.

7. Shri K. Parameshwar, learned senior counsel for the appellant would

submit that the appellant was not initially named in the FIR and there is a

confusion about his identity. It is submitted that the prosecution’s case is

self-contradictory inasmuch as no raid was conducted at the appellant’s

business establishment on 6.10.2025, nor the appellant is connected with

A.N.R. Restaurant & Bar. It is also submitted that the offences alleged, for

which the subject FIR has been registered, are not made out against the

Criminal Appeal @ SLP (Crl.) No.20419/2025 Page 3 of 5 appellant and, moreover, the appellant has been granted interim protection

by this Court on 6.1.2026 and the appellant has cooperated and appeared

before the Investigating Officer from 8.1.2026 to 12.1.2026, and thereafter,

on 20.1.2026 and has fully cooperated with the investigation. It is further

submitted that the appellant has been arraigned as accused in two

successive cases being Criminal Case Nos. 69 of 2025 and 115 of 2025

which have been registered in quick succession, each containing the same

set of allegations and none supported by any material. In every instance,

the appellant was arrested, remanded, and, ultimately, released on bail.

Therefore, the appellant’s custodial interrogation is not required.

8. Per contra, Shri S.V. Raju, learned ASG, would submit that the

present is a serious case of production of spurious liquor of brands like Old

Admiral Brandy and Kerala Malt Whiskey. The appellant is closely

connected with the subject crime as, as per the statements of the witnesses,

he had supplied empty plastic bottles resembling liquor bottles and

cardboard boxes with caps bearing the logo of liquor companies with

Government labels intended for the manufacture of spurious liquor. It is

also submitted that the appellant’s custodial interrogation is required to find

out the larger conspiracy and money trail involving manufacture and supply

of spurious liquor in the State of Andhra Pradesh.

9. Having heard the learned senior counsel for the appellant and the

learned ASG for the respondent-State at length, we are inclined to release

the appellant on anticipatory bail for the reason that the appellant was not

initially named in the FIR and no raid was ever conducted at his place of

business. Admittedly, the raid was conducted at Ravi Khirana General

Criminal Appeal @ SLP (Crl.) No.20419/2025 Page 4 of 5 Stores on 6.10.2025 and, thereafter, at A.N.R. Restaurant & Bar—both of

which do not belong to the appellant. Moreover, the appellant has been

arraigned as accused in two earlier criminal cases in which he was arrested

and released on bail. In the present case, he has been granted interim

protection from arrest by this Court vide order dated 6.1.2026 and he has

appeared before the Investigating Officer. There is no allegation that the

appellant has misused the liberty granted.

10. Thus, considering the entire facts and circumstances of the case, we

allow this Appeal, set aside the impugned order dated 5.12.2025 passed by

the High Court and make the interim protection granted vide order dated

6.1.2026 absolute by directing that in the event of arrest, the appellant shall

be released on anticipatory bail in connection with Crime No. 171 of 2025

registered at Bhavanipuram Prohibition and Excise Police Station, NTR

District, on such terms and conditions as may be imposed by the officer

arresting the appellant or the Trial Court, as the case may be, subject to

further conditions that the appellant shall always cooperate with the

investigation and during trial and shall not influence the witnesses.

Pending application(s) shall stand disposed of accordingly.

………………………………………J. (PRASHANT KUMAR MISHRA)

………………………………………J. (N.V. ANJARIA)

NEW DELHI;

MARCH 10, 2026.

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