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

- The Petitioner, who was unsuccessful in getting the vehicle-Bajaj Auto bearing No.AP20 Y 2189 released in Crl.M.P.No.2349 of 2010 in C.O.R.No.130 of 2010-11 filed under Section 457 Cr.P.C., before the

Judicial First Class Magistrate at Bhadrachalam, 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, 1995 and the learned Magistrate when an application was filed under Section 457 Cr.P.C. passed an order stating that as per Section 46 E of the Andhra Pradesh Excise Act, 1968there is a bar of jurisdiction to entertain the said application and hence, the vehicle cannot be released. 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 Bhadrachalam to release the Bajaj auto bearing Registration No.AP 20 Y 2189 seized in Crime No.130 of 2010-11 of Prohibition and 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 Judicial First Class Magistrate at Bhadrachalam. 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. ______________________ GOPALA KRISHNA TAMADA, J 9th September 2010 [1] 1996 (1) ALT Crl. 130 [2] 1995 (3) ALD 80 [3] (2002) 10 SCC 283