HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.813 OF 2011 ORDER: The petitioner, who was unsuccessful in getting the Vehicle viz., Goods Carriage IMV bearing Registration No. AP 05 TA 0317, released in Crl.M.P.No.1914 of 2010 in Cr.No.145 of 2010, filed under Section 457 Cr.P.C., before the Judicial First Class Magistrate, Prathipadu, filed the present criminal revision case. Apparently, the petitioner is the owner of the vehicle in question and the same was seized in connection with a case registered under Section 7(A) read with 8 (b) of the Andhra Pradesh Prohibition Act, 1995. When the petitioner filed an application under Section 457 Cr.P.C., the learned Magistrate passed an order stating that he 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] and Jitendra Palnitker Vs. State of Andhra Pradesh[2] and the apex Court in Sunderbhai Ambalal Desai V. State of Gujarat[3], 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 has an overriding effect over the Andhra Pradesh Excise Act, 1968. 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 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, Prathipadu, on the following conditions: 1) The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate, Prathipadu. 2) He shall give an undertaking that he will produce the vehicle in question as and when required and he shall not alienate the same during the course of enquiry, investigation and trial. ________________________________ GOPALA KRISHNA TAMADA, J April 01, 2011 MD HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.813 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.813 OF 2011 Between: Ravalasa Appa Rao ..... PETITIONER AND State of Andhra Pradesh ....RESPONDENT The Court made the following : [1] 1996(1) ALT Crl.130 [2] 1995(3) ALD 80 [3] (2002) 10 SCC 283