THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL R.C. No.1327 OF 2011 ORDER: Petitioner approaches this Court with a prayer to return the property involved in Crime No.97 of 2011 on the file of the Station House Officer, Prohibition & Excise Police Station, Tiruvuru, Krishna District, for offence punishable under Section 13-E of A.P. Prohibition Act, 1995. Earlier, the petitioner approached the lower Court by way of filing Criminal M.P. No. 2361 of 2011 for release of the seized stocks to the custody of the petitioner, which was dismissed by the lower Court on the ground that it has no jurisdiction to entertain the application. Having regard to the judgments passed by this Court in P. Swarupa and Others V. State of Andhra Pradesh[1], Jitendra Palnitker Vs. 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 or stocks such as Jaggery or alum, 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 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 Additional Judicial First Class Magistrate, Tiruvuru to release Hero Honda Passion Pro Motor Vehicle bearing Reg.No.AP-16-BF-6361 seized in connection with Crime No. 97 of 2011-12 on the file of Station House Officer, Prohibition & Excise Police Station, Tiruvuru, on condition of the petitioner furnishing security for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the said Magistrate. 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. ________________________ JUSTICE RAJA ELANGO Dated : 22nd September, 2011 pnb [1][1] 1996(1) ALT Crl.130 [2][2] 1995(3) ALD 80 [3][3] (2002) 10 SCC 283