THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1949 OF 2010 ORDER: Petitioner is the owner of 283 gunny bags of black jaggery (each weighing 50 Kgs) and 138 plastic bags each containing 50 kgs of allum, which was seized in connection with P.R.No.1171/2010-11 of Prohibition and Excise Station, Khammam, registered for the offence punishable under Section 34(e) of A.P. Excise Act. During the pendency of the said proceedings, the petitioner approached the Court below and filed an application in Crl.M.P.No.3349 of 2010 under Section 457 of Cr.P.C. requesting the court below to release the said stocks towards his custody. However, the learned Special Judicial Magistrate of First Class, Prohibition and Excise Cases at Khammam, dismissed the said application stating that the said Court is not having jurisdiction to entertain the said application as envisaged under Section 46-E of the A.P.Excise Act, 1968. The said docket order dated 20.10.2010 is under challenge in this revision. 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 of under section 457 of 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 Special Judicial Magistrate of First Class, Prohibition and Excise Cases at Khammam, to release 283 gunny bags of black jaggery (each weighing 50 Kgs) and 138 plastic bags each containing 50 kgs of allum seized in connection with P.R.No.1171/2010-11 of Prohibition and Excise Station, Khammam, on condition of the petitioner furnishing security for a sum of Rs.20,000/- with one surety of the like sum to the satisfaction of the learned Special Judicial Magistrate of First Class, Prohibition and Excise Cases at Khammam. __________________________________ JUSTICE GOPALA KRISHNA TAMADA 26th October 2010 dr [1] 1996 (1) ALT Crl.130 [2] 1995 (3) ALD 80 [3] (2002) 10 SCC 283