Judicial First Class Magistrate at Jaggaiahpet & Ors. v. STATE OF ANDHRA PRADESH[1]

- The Petitioner, who was unsuccessful in getting the vehicle- Auto bearing Registration No.AP-20-TK-TR-6875 released in C.F.No.3123 of 2010 in Crime No.310 of 2010-2011 of Prohibition and Excise Station, Jaggaiahpet, filed under Section 457 Cr.P.C., before the

Judicial First Class Magistrate at Jaggaiahpet, filed the present Criminal Revision Case. Apparently, the said vehicle was seized in connection with a case registered under Section 7 (A) read with Section 8 (e) of the Andhra Pradesh Prohibition Act, 1997 and the learned Magistrate when an application was filed under Section 457 Cr.P.C. passed an order, which is as under:- “How the petition is maintainable under Section 457 Cr.P.C. for release of the vehicle seized by the Excise officials.” 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 Magistrate is empowered to pass orders under Section 451 Cr.P.C. and 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 at Jaggaiahpet to release the auto bearing Registration No.AP- 20-TK- TR 6875 seized in Crime No.310 of 2010-11 of Prohibition and Excise Station, Jaggaiahpet, 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 Judicial First Class Magistrate at Jaggaiahpet. Further, the 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. 9th September 2010 ________________________ GOPALA KRISHNA TAMADA, J [1] 1996 (1) ALT Crl. 130 [2] 1995 (3) ALD 80 [3] (2002) 10 SCC 283