HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.791 OF 2011 ORDER: The petitioner, who was unsuccessful in getting the vehicle viz., TATA AC Auto bearing Registration No.AP-23-X-2266, and 1300 Kgs. of Black Jaggery, released in C.F.R.No.1798 of 2011 in P.R.No.885 of 2010 – 2011, filed under Section 457 Cr.P.C., before the Judicial First Class Magistrate, Huzurabad, filed the present criminal revision case. Apparently, the said vehicle and Black Jaggery were seized in connection with a case registered under Section 34 (e) of the Andhra Pradesh Excise Act, 1968 and when an application was filed under Section 457 Cr.P.C, the learned Magistrate vide docket order, dated 28.03.2011, returned the said application. Having regard to the judgments passed by this Court in P. Swarupa and Others V. State of Andhra Pradesh[1] and Jitendra Palnitker Vs. State of Andhra Pradesh[2] and the apex Court in 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 or stocks such as Jaggery or Alum, Section 31 of the Andhra Pradesh Prohibition Act, 1995, 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 Magistrate is empowered to pass orders under Section 451 or 457 Cr.P.C. and to 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 First Class Magistrate, Huzurabad, to release the Auto bearing Registration No. AP-23-X-2266 seized in P.R.No.885 of 2010 – 2011 of Prohibition and Excise Station, Huzurabad, Karimnagar District, on condition of the petitioner furnishing security for 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 First Class Magistrate, Huzurabad. 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. The Judicial First Class Magistrate, Huzurabad, is also directed to release 1300 Kgs. of Black Jaggery in favour of the petitioner on his furnishing a further security of Rs.25,000/- (Rupees Twenty Five Thousand only) in addition to the security of Rs.25,000/- for the release of the Auto. ________________________________ GOPALA KRISHNA TAMADA, J April 01, 2011 MD HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.791 OF 2011 April 01, 2011 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.791 OF 2011 Between: Kaparthi Nagaraju ..... PETITIONER AND The Deputy Commissioner of Prohibition and Excise and another ....RESPONDENTS The Court made the following: [1] 1996 (1) ALT Crl.130 [2] 1995 (3) ALD 80 [3] (2002) 10 SCC 283