HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA Crl.R.C.No. 247 of 2011 DATED: 07.02.2011 Between: Jella Madhavarao .. Petitioner And 1. The Deputy Commissioner of Proh. and Excise, Khammam 2. The State of A.P. rep. By the State Public Prosecutor .. Respondents JUDGMENT:- The petitioner is the owner of 800 kgs of black jaggery and when the stocks are being unloaded in the godown of one J. Srinivasa Rao, the Excise police, Sathupally raided the godown at Madhira Road, Kallur village and Mandal, Khammam District and seized the stocks and registered a case in C.O.R. No. 412/2010-11 under Section 34(e) of A.P. Excise Act, 1968. During the pendency of the proceedings, the petitioner filed an application in Crl.M.P. No.214 of 2011 under Section 457 Cr.P.C. requesting the trial Court to release the stocks towards his custody. However, the Judicial First Class Magistrate, Prohibition and Excise Station, Sathupally, Khammam District, dismissed the application stating that the Court has no jurisdiction to entertain the application as envisaged under Section 46- E of the A.P. Excise Act, 1968. The said docket order dated 31.01.2011 is under challenge in this Criminal Revision Case. 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 or stocks, such as, Jaggery or alum, 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 or 457 Cr.P.C. and release the vehicle or stocks, such as, Jaggery or alum by way of interim custody. Accordingly, the Criminal Revision Case is allowed at the stage of admission, with a direction to the learned Judicial First Class Magistrate, Prohibition and Excise Cases, Sathupally, Khammam District to release 800 kgs of black jaggery seized in connection with C.O.R. No. 412/2010-11 of Prohibition and Excise Station, Sathupally, on condition that the petitioner furnishes security for a sum of Rs.20,000/- with one surety of like sum to the satisfaction of the learned Judicial First Class Magistrate, Prohibition and Excise Cases, Sathupally. ______________ 07.02.2011 bcj [1] 1996(1) ALT Crl. 130 [2] 1995(3) ALD 80 [3] (2002) 10 SCC 283