THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.1917 of 2010 DATED: 22-10-2010 ORDER:- Petitioner, who was unsuccessful in getting the vehicle-Hero Honda Splender Plus bearing No.A.P-20-R-2486 released in Crl.M.P.Sr.No.2338 of 2010 in C.O.R.No.212 of 2010-11, filed under Section 457 Cr.P.C., before the learned Judicial Magistrate of First Class, Sathupally, filed the present Criminal Revision Case. 2. Petitioner herein is the owner of the said vehicle and, on 10.08.2010, while the petitioner along with one person was proceeding on his vehicle, the police officials of Prohibition & Excise Station, Sathupally, found some I.D. liquor from his vehicle and registered a case in C.O.R.No.212/2010-2011 under Section 7 (A) read with Section 8 (e) of the Andhra Pradesh Prohibition Act, 1995 and seized the said vehicle. Thereafter, the petitioner filed an application under Section 457 Cr.P.C. before the learned Magistrate, requesting the Court for interim custody of the said vehicle. However, by docket order, dated 20-10-2010, the Court below returned the petition stating as to how it has jurisdiction to entertain the said application in view of the Bar under A.P. Excise Act and Prohibition Act. 3. Having regard to the judgments passed by this Court in P.SWARUPA AND OTHERS v. STATE OF ANDHRA PRADESH[1], JITENDRA PALNITKER v. 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, 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 learned Magistrate is empowered to pass orders under Section 451 Cr.P.C. and release the vehicle by way of interim custody. 4. Accordingly, Criminal Revision Case is allowed, at the stage of admission, with a direction to the learned Judicial Magistrate of First Class, Sathupally, to release the Hero Honda Splender Plus bearing Registration No.AP-20-R-2486 seized in C.O.R.No.212/2010-11 of Prohibition & Excise Station, Sathupally, Khammam District, on condition of the petitioner furnishing security in a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Sathupally. Further, 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. ________________________________ GOPALA KRISHNA TAMADA, J 22nd October 2010 v v [1] 1996 (1) ALT Crl. 130 [2] 1995 (3) ALD 80 [3] (2002) 10 SCC 283