HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:193 OF 2011 ORDER: The petitioner, who was unsuccessful in getting the Vehicle viz., Auto bearing Reg.No.AP-20-U-6685 released in Crl.M.P.No.213 of 2011 in C.O.R.No.435 of 2010-2011 filed under Section 457 Cr.P.C. before the Judicial First Class Magistrate, Sathupally, filed the present Criminal Revision Case. Apparently, the said vehicle was seized in connection with a case registered under Section 34(e) of A.P. Excise Act, 1968 and the learned Magistrate when an application was filed under section 457 Cr.P.C., 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, 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, Sathupally, to release the Auto bearing Registration No.AP-20-U-6685 seized in C.O.R.No.435/2010-11 of Prohibition & Excise Station, Sathupally, Khammam 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, Sathupally. 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 Dated: 4.2.2011 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:193 OF 2011 4.2.2011 [1] 1996(1) ALT Crl.130 [2] 1995(3) ALD 80 [3] (2002) 10 SCC 283