THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.401 OF 2011 JUDGMENT: Petitioner is the owner of 182.50 quintals of black jaggery and 2.40 quintals of alum and 5 litres of I.D. liquor, which was seized in connection with Crime No.10 of 2011 of Miryalaguda II Town Police Station, Nalgonda District, registered for the offence punishable under Sections 8(b) of A.P. Prohibition Act and 34(e) of A.P. Excise Act, 1986. It is also contended by the learned counsel for the petitioner that the shop of the petitoner was locked and the key was kept by the Police. During the pendency of the said proceedings, the petitioner approached the Judicial Magistrate of First Class, Miryalaguda, and filed an application in C.F.R.No.819 of 2011, under Section 457 Cr.P.C. requesting the Court below to release the said stocks to his custody. However, the learned Magistrate dismissed the said application by a docket order, dated 21.02.2011, 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 21.02.2011 is under challenge in this Revision. 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 A.P.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 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 or 457 Cr.P.C. and release the vehicle or stocks such as Jaggery and alum by way of interim custody. Accordingly, the Criminal Revision Case is allowed at the stage of admission, with a direction to the learned Judicial Magistrate of First Class, Miryalaguda, to release 182.50 quintals of black jaggery and 2.40 quintals of alum and 5 litres of I.D. liquor seized in connection with Crime No.10 of 2011 of Miryalaguda II Town Police Station, Nalgonda District, on condition of the petitioner furnishing security for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of the learned Judicial Magistrate of First Class, Miryalaguda. So far as the shop of the petitioner is concerned, the petitioner is permitted to carry on the business in the said shop during the pendency of the enquiry, investigation and trial, if any. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 23rd February 20110 DR [1] 1996(1) ALT Crl.130 [2] 1995(3) ald 80 [3] (2002) 10 scc 283