HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.678 OF 2011 JUDGMENT: Petitioner is the owner of 147 gunny bags of black jaggery (each weighing about 50 kgs), which was seized in connection with P.R.No.701 of 2010-11 of Prohibition and Excise Station, Wyra, registered for the offence punishable under Section 34(e) of A.P. Excise Act, 1986. During the pendency of the said proceedings, the petitioner approached the Special Judicial Magistrate of First Class (Prohibition and Excise Cases) at Khammam, and filed an application in Crl.M.P.No.793 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. 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 Special Judicial Magistrate of First Class (Prohibition and Excise Cases) at Khammam, to release 147 gunny bags of black jaggery (each weighing about 50 kgs), which was seized in connection with P.R.No.701 of 2010-11 of Prohibition and Excise Station, Wyra, on condition of the petitioner furnishing security for a sum of Rs.40,000/- (Rupees Forty thousand only) with one surety for the like sum to the satisfaction of the learned Special Judicial Magistrate of First Class (Prohibition and Excise Cases) at Khammam. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 23rd March 2011 DR [1] 1996(1) ALT Crl.130 [2] 1995(3) ald 80 [3] (2002) 10 scc 283