ORDER :

1. Assailing the order, dated 19.03.2020, of the learned Special Judge for SPE & ACB Cases-cum-Additional Metropolitan Sessions Judge, Vijayawada, passed in Crl. M.P. No. 88 of 2020 in Crime No. 07/RCA-ACB-CIU-2017, whereby he has dismissed the petition filed under Sections 451 and 457 Cr.P.C. the present Criminal Petition is filed.

2. Facts germane for disposal of this Criminal Petition may briefly be stated as follows:

(a) The petitioner is an employee, working as Additional Director in the office of the Commissioner of Industries, Vijayawada, in Andhra Pradesh. On the allegation that the petitioner has been in possession of assets acquired by him in his name and in the name of his family members, relatives and close associates, which are disproportionate to his known source of income, the Anti-Corruption Bureau police registered a case against him under Section 13(2) r/w. 13(1)(d) of the Prevention of Corruption Act, 1988, (for short the “P.C. Act”). On the same day i.e. on 05.06.2017, the ACB police have searched his house and other premises and seized certain property. At that time, they found Bank passbook of Axis Bank in the name of the petitioner. So, during the course of investigation, the police of ACB addressed letters to all Banks where the petitioner is holding a bank account directing them not to allow the petitioner to operate the said bank accounts. In other words, his bank accounts have been freezed by the police. Similarly, the bank account of the petitioner in Axis Bank of Vijayawada Branch was also seized. A sum of Rs. 3,21,288/- was available in the said bank account of the petitioner.

(b) Thereafter, the police of ACB filed a petition in the trial Court for attachment of his properties and obtained an ad-interim order of attachment of his properties on 19.06.2018 in Crl. M.P. No. 886 of 2018. As the petitioner has been working in the above position from the year 1987, the check period relating to the said offence of acquiring assets disproportionate to his known source of income is stated to be from 15.10.1987 to 05.06.2017 i.e. from the date of his appointment as an employee in the Industries Department till the date when the case was registered against him and searches were made including freezing of his bank accounts. Therefore, the amount that was lying in the Axis Bank to a tune of Rs. 3,21,288/- as on 05.06.2017 is also taken by the ACB police as an asset relating to the said crime and seized the same. Subsequently, in response to the notice and reminders issued by the ACB police, it appears that the petitioner has filed a statement in the month of January, 2020 explaining the source of his income to acquire the properties, which are found in his name. In the said explanation, he has pleaded that the said account in the Axis Bank is relating to his salary account and the sum of Rs. 3,21,288/- available in the said account of the Axis Bank is his salary amount relating to the month of May, 2017 which was deposited on 01.06.2017.

(c) Therefore, he has filed a petition under Sections 451 and 457 Cr.P.C. before the trial Court seeking direction to the ACB police to allow him to withdraw the said amount of Rs. 3,21,288/- from his salary account. In a way, he has claimed for return of the said amount, which is construed to be a property under law.

3. The said petition came to be dismissed by the impugned order. The learned Judge dismissed the said petition primarily on the ground that the check period is from 15.10.1987 to 05.06.2017 and as the said money that is available in his account in the Axis Bank got direct nexus to the offence of acquiring properties disproportionate to his known source of income that the same cannot be allowed to be withdrawn. However, the learned Judge allowed the petitioner to operate the said bank account to withdraw the money that was deposited in his salary account after 05.06.2017.

4. Aggrieved thereby, the present Criminal Petition has been filed assailing the legality a