HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7436 OF 2010 Dated : 13.08.2010 Between : V.Sudhakar … Petitioner A n d The State of A.P. & others … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7436 OF 2010 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner seeking to direct respondents 2 and 3 to release the auto bearing No.AP-20-TA-1443 seized in COR No.143 of 2010-2011 of Prohibition & Excise Inspector, Bhadrachalam, Khammam District. Petitioner herein filed a petition in Crl.M.P.(SR) No.2927 of 2010 before the Judicial First Class Magistrate, Bhadrachalam, under Section 457 Cr.P.C. seeking a direction to the Station House Officer, Bhadrachalam Excise Police Station, to release the said auto. The said application was returned assigning the following grounds: 1) As per Section 46E of A.P. Excise Act there is bar of Jurisdiction to entertain any application pertaining to release of vehicles for the offences registered under the said Act and a Special machinery/Deputy Commissioner, Prohibition & Excise, is created to deal with, and 2) In the same way as per Sections 12 and 13 of A.P. Prohibition Act, the vehicles liable for confiscation shall be dealt by Deputy Commissioner, Prohibition & Excise. Heard the learned counsel for the petitioner. Perused the material on record. Learned counsel for the petitioner submitted that in view of the judgments rendered by this Court in Crl.P.Nos.4505 of 2010, 7100 of 2009, 1880 of 2010, 8083 of 2008, 5825 of 2010, 4428 of 2009, the Magistrates are having jurisdiction to return the vehicle even though the vehicle is seized under the said Act. This Court is of the view that as against the order of return of the Criminal Miscellaneous Petition on the ground of lack jurisdiction to order for release of vehicle, this Court cannot direct the Magistrate to consider the application of the petitioner. In any event, the petitioner is directed to file a fresh application before the learned Magistrate seeking release of vehicle along with copies of judgments relied on by him before this Court, upon which the learned Magistrate shall pass necessary orders basing on the observations made in the above referred judgments of this Court. The Criminal Petition is disposed of accordingly. ________________________ JUSTICE RAJA ELANGO Dated : 13.08.2010 sur