THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.572 of 2011 JUDGMENT: The petitioner who was unsuccessful in getting the Hero Honda Splendor vehicle No.AP-24-J-7268 released in C.F.No.1052 of 2011 in P.R.No.1040 of 2010-11 of Prohibition and Excise Police Station, Miryalaguda, Nalgonda District, filed under Section 457 Cr.P.C., before the Judicial First Class Magistrate, Miryalaguda, filed the present Criminal Revision Case. Apparently, the vehicle was seized in connection with a case registered under Section 8(b) of A.P. Prohibition Act, 1995 and when an application was filed under Section 457 Cr.P.C., the learned Magistrate passed an order stating that the said Court is not competent to return the said vehicle and accordingly, dismissed the application. 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 Magistrate is empowered to pass orders under Section 451 Cr.P.C. and 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, Miryalaguda, to release the Hero Honda Splendor vehicle bearing No.AP-24-J-7268 seized in P.R.No.1040 of 2010-11 of Prohibition and Excise Police Station, Miryalaguda, Nalgonda District, on condition of the petitioner furnishing a security in a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for the like sum to the satisfaction of Judicial First Class Magistrate, Miryalaguda. 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 GOPALA KRISHNA TAMADA 21st March 2011 DR [1] 1996(1) ALT Crl.130 [2] 1995(3) ald 80 [3] (2002) 10 scc 283