HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.790 OF 2011 ORDER: The petitioner is the owner of 1495 Kgs. of Black Jaggery and 130 Kgs. of Alum, which were seized in connection with C.O.R.No.551 of 2010-2011 of Prohibition and Excise Station, Hanamkonda, Warangal District, registered for the offences punishable under Sections 34 (a), (e) and 50 of the Andhra Pradesh Excise Act, 1968. During the pendency of the said proceedings, the petitioner approached the learned Special Judicial First Class Magistrate for Prohibition and Excise Cases, Warangal, and filed an application in C.F.R.No.2027 of 2011 in C.O.R.No.551 of 2010 - 2011, under Section 457 Cr.P.C., requesting the Court below to release the said stock to his custody. However, the Court below, by docket order, dated 23.03.2011, returned the said application. The said docket order, dated 23.03.2011, is under challenge in this revision. Having regard to the judgments passed by this Court in P. Swarupa and Others V. State of Andhra Pradesh[1] and Jitendra Palnitker Vs. State of Andhra Pradesh[2] and the apex Court in 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 or stocks such as Jaggery or Alum, Section 31 of the Andhra Pradesh Prohibition Act, 1995, 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 Magistrate is empowered to pass orders under Section 451 or 457 Cr.P.C. and to release the vehicle or stocks such as Jaggery and Alum by way of interim custody. Accordingly, the Criminal Revision Case is allowed at the stage of admission, with a direction to the learned Special Judicial First Class Magistrate for Prohibition and Excise Cases, Warangal, to release 1495 Kgs. of Black Jaggery and 130 Kgs. of Alum, seized in connection with C.O.R.No.551 of 2010 - 2011 of Prohibition and Excise Station, Hanamkonda, Warangal District, on condition of the petitioner furnishing security for a sum of Rs.40,000/- (Rupees Fourty Thousand only) with one surety of the like sum to the satisfaction of the learned Special Judicial First Class Magistrate for Prohibition and Excise Cases, Warangal. ________________________________ GOPALA KRISHNA TAMADA, J April 01, 2011 MD HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.790 OF 2011 April 01, 2011 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.790 OF 2011 Between: Marka Nagaraju ..... PETITIONER AND The Deputy Commissioner of Prohibition and Excise and another ....RESPONDENTS The Court made the following: [1] 1996 (1) ALT Crl.130 [2] 1995 (3) ALD 80 [3] (2002) 10 SCC 283