HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:723 OF 2011 JUDGMENT: The petitioner, who was unsuccessful in getting the Vehicle viz., Auto Trolley bearing Reg.No.AP 36 X 7370, 600 kgs of black jaggery and 20 kgs of Alum, released in Crl.M.P.No.800 of 2011 in Crime No.152 of 2010 on the file of the VII Additional Judicial First Class Magistrate, Warangal. Apparently, the petitioner is the owner of the vehicle and stock in question, and the said vehicle and the stock were seized in connection with a case registered under Section 7(a) r/w 8(e) of A.P. Prohibition Act, 1995. When the petitioner filed an application under Section 457 Cr.P.C., the learned Magistrate passed an order stating that he has no jurisdiction to entertain the application. Having regard to the judgments passed by this Court in P. Swarupa and Others V. State of Andhra Pradesh[1], Jitendra Palnitker Vs. 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 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 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 VII Additional Judicial First Class Magistrate, Warangal, to release the Auto Trolley bearing Reg.No.AP-36-X-7370 seized in connection with Cr.No.152 of 2010 of S.H.O., Hasanparthy, Warangal 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, and also to release 600 kgs of black jaggery and 20 kgs of Alum on furnishing further security for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), to the satisfaction of the learned VII Additional Judicial First Class Magistrate, Warangal. Further, the petitioner shall give an undertaking that he shall not alienate the vehicle in question and shall produce the same as and when required in connection with the above crime. _____________________________ Justice Gopala Krishna Tamada Dated: 25.3.2011 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:723 OF 2011 25.03.2011 [1] 1996(1) ALT Crl.130 [2] 1995(3) ALD 80 [3] (2002) 10 SCC 283