Impracticality of lower court's direction and the nature of the case influenced the court's decision to dismiss the petition for anticipatory bail.

JUDGMENT

Cheekati Manavendranath Roy, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, to enlarge the petitioner on bail in the event of his arrest.

2. The petitioner is A-4 in Crime No.456 of 2020 of Chintalapudi Police Station, West Godavari District.

3. The offences registered against him are under Section 34 IPC and under Section 34(A) of the A.P.Excise Act.

4. It is the case of the prosecution that on 09.07.2020, the petitioner along with other accused has indulged in illegally transporting the non-duty paid liquor from the State of Telangana to the State of Andhra Pradesh to have wrongful gain and at that time, they were apprehended by the police and the contraband was seized from their possession. Therefore, he has committed the aforesaid offences.

2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.

3. The petitioner has approached the lower Court i.e., Judge, Family Court-Cum-VIII Addl. District and Sessions Judge, West Godavari, Eluru seeking anticipatory bail. The said petition was disposed of with a direction to the petitioner to surrender before the police within one week along with the Bolero vehicle in which the contraband was transported as escort to the Swift Dzire vehicle and seek bail in the Police Station.

4. Now, the learned counsel for the petitioner would submit that the said Bolero vehicle was already seized by the police and it is in the custody of the police and as such it is not possible for the petitioner to surrender before the police along with the said vehicle.

5. There is considerable force in the contention of the learned counsel for the petitioner. When the said Bolero vehicle was already seized by the police and when it is in the custody of the police, it is beyond the comprehension of the Court as to how the aforesaid direction is given by the learned Judge directing the petitioner to surrender before the police along with the said vehicle. So in the said facts and circumstances of the case, having regard to the fact that it is a case where the non-duty paid liquor is illegally transported from the State of Telangana to the State of Andhra Pradesh, this Court is of the considered view that it is not a fit case for grant of anticipatory bail. However, the aforesaid direction issued by the learned Judge, Family Court-Cum-VIII Addl. District and Sessions Judge, Eluru, requires to be modified.

6. In the result, the Criminal Petition is dismissed. The direction of the lower Court is modified to the effect that the petitioner is directed to surrender before the concerned police within 10 days from the date of this order and seek bail in the Police Station.