THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1962 OF 2010 ORDER: Petitioner’s auto bearing No.AP-20-X-4362 was seized in connection with P.R.No.386 of 2010-11 of Prohibition and Excise Station, Aswaraopeta. During the pendency of the said proceedings, the petitioner approached the Court below and filed an application in Crl.M.P.(SR).No.1914 of 2010 under Section 457 of Cr.P.C. requesting the court below to release the said vehicle towards interim custody. However, the learned I Additional Judicial Magistrate of First Class at Sathupalli, returned the said application stating that the said court is not having jurisdiction to entertain the said application as envisaged under the A.P. Prohibition Act, 1995. The said docket order dated 22.10.2010 is under challenge in this revision. 2 Having regard to the judgments passed by this court in P.Swarupa & Others Vs. State of Andhra Pradesh[1], Jitendra Palnitker Vs. State of Andhra Pradesh[2] and Sunderbhai Ambalal Desai Vs. 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 Act has an overriding effect over the Andhra Pradesh Excise Act. In the light of the said provision of law, it shall be held that the learned Magistrate is empowered to pass orders either under section 451 of under section 457 of Cr.P.C. and release the vehicle by way of interim custody. 3 Accordingly, the Criminal Revision case is allowed at the stage of admission, with a direction to the learned I Additional Judicial Magistrate of First Class at Sathupalli, to release the lorry bearing No. No.AP-20-X-4362 seized connection with P.R.No.386 of 2010-11 of Prohibition and Excise Station, Aswaraopeta, on condition of the petitioner furnishing security for a sum of Rs.50,000/- with one surety of the like sum to the satisfaction of the learned I Additional Judicial Magistrate of First Class at Sathupalli. 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. -------------- 27.10.2010 dr [1] 1996 (1) ALT Crl.130 [2] 1995 (3) ALD 80 [3] (2002) 10 SCC 283