Magistrate of First Class, Bhadrachalam, filed the present Criminal Revision Case. 2 & Ors. v. STATE OF ANDHRA PRADESH[1]

- Petitioner, who was unsuccessful in getting the vehicle-Bajaj Auto bearing No.AP20Y 1085 released in Crl.M.P.Sr.No.4447 of 2010 in P.R.No.312 of 2010-11, filed under Section 457 Cr.P.C., before the

learned Judicial Magistrate of First Class, Bhadrachalam, filed the present Criminal Revision Case.

Petitioner herein is the owner of the said vehicle and, on

07.09.2010, while conducting route watch at Ambedkar Centre, BCM, the Excise officials of Prohibition & Excise Station, Bhadrachalam, found I.D. liquor from the vehicle of the petitioner and registered a case in C.O.R.No.312/2010-2011 under Section 7 (A) read with Section 8 (e) of the Andhra Pradesh Prohibition Act, 1995 and seized the said vehicle. Thereafter, the petitioner filed an application under Section 457 Cr.P.C. before the learned Magistrate, requesting the Court for interim custody of the said vehicle. However, by docket order, dated 19-10-2010, the Court below returned the petition stating as to how it has jurisdiction to entertain the said application in view of the Bar under A.P. Excise Act.

Having regard to the judgments passed by this Court in P.SWARUPA AND OTHERS v. STATE OF ANDHRA PRADESH[1], JITENDRA PALNITKER v. STATE OF ANDHRA PRADESH[2] and SUNDERBHAI AMBALAL DESAI v. STATE OF GUJARAT[3], though Section 46 E of the Andhra Pradesh Excise Act states 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 learned Magistrate is empowered to pass orders under Section 451 Cr.P.C. and release the vehicle by way of interim custody.

Accordingly, Criminal Revision Case is allowed, at the stage of admission, with a direction to the learned Judicial Magistrate of First Class, Bhadrachalam, to release the Bajaj Auto bearing Registration No.AP-20-Y 1085 seized in C.O.R.No.312/2010-11 of Prohibition & Excise Station, Bhadrachalam, on condition of the petitioner furnishing security in a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Bhadrachalam. Further, petitioner shall give an undertaking that he shall not alienate the said vehicle and shall produce the same as and when required in connection with the said crime. ________________________________ GOPALA KRISHNA TAMADA, J 22nd October 2010 v v [1] 1996 (1) ALT Crl. 130 [2] 1995 (3) ALD 80 [3] (2002) 10 SCC 283