Having regard to the judgments passed by this Court in P. Swarupa & Ors. v. State of Andhra Pradesh
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 457
- A.P. Excise Act s. 34(a)
- Andhra Pradesh Prohibition Act, 1995 s. 31
Judgment
The petitioner, who was unsuccessful in getting the Vehicle viz., Maruti Van AP 09 D 1243 released in C.F.R.No.1318 of 2011 in P.R.No.183 of 2006-2007 filed under Section 457 Cr.P.C. before the
Judicial First Class Magistrate, Miryalaguda. Apparently, the husband of the petitioner is the owner of the vehicle in question and the same was seized in connection with a case registered under Section 34(a) of A.P. Excise Act. When the petitioner filed an application under Section 457 Cr.P.C., the learned Magistrate passed an order stating that he has no jurisdiction to entertain the application. Having regard to the judgments passed by this Court in P. Swarupa and Others V. State of Andhra Pradesh[1], Jitendra Palnitker Vs. State of Andhra Pradesh[2] and Sunderbhai Ambalal Desai V. State of Gujarat[3], that there is a bar of jurisdiction to entertain any application pertaining to release of the vehicle, Section 31 of the Andhra Pradesh Prohibition Act, 1995 has an overriding effect over the A.P. Excise Act. In the light of the said provision of law, it shall be held that the Magistrate is empowered to pass orders under section 451 or 457 Cr.P.C. and to release the vehicle by way of interim custody. This Criminal Revision Case is allowed, at the stage of admission, with a direction to the Judicial First Class Magistrate, Miryalaguda, on the following conditions: 1) The petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) with two sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate, Miryalaguda. 2) She shall give an undertaking that she will produce the vehicle in question as and when required and she shall not alienate the same during the course of enquiry, investigation and trial. Justice Gopala Krishna Tamada ______________________________ Dated: 8.4.2011 Nn/rkk HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:846 OF 2011
8.4.2011 [1] 1996(1) ALT Crl.130 [2] 1995(3) ALD 80 [3] (2002) 10 SCC 283
Precedent status how later indexed judgments have treated this case
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