THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.344 of 2011 DATED: 18-02-2011 ORDER:- Petitioner, who was unsuccessful in getting the vehicle-Auto rickshaw bearing No.A.P.36-X-6924 released in Crl.M.P(SR).No.1060 of 2011 in C.O.R.No.177 of 2010-11, filed under Section 451 Cr.P.C., before the learned Judicial Magistrate of First Class, Narsampet, filed the present Criminal Revision Case. 2. Apparently the said vehicle was seized in connection with a case registered under Section 7 (A) read with Section 8 (e) of the A.P. Pradesh Prohibition Act, 1995 and on an application filed under Section 457 Cr.P.C., the learned Magistrate passed the order impugned stating that he has no jurisdiction to entertain the application. 3. 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 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 learned Magistrate is empowered to pass orders under Section 451 Cr.P.C. and release the vehicle by way of interim custody. 4. Accordingly, Criminal Revision Case is allowed, at the stage of admission, with a direction to the learned Judicial Magistrate of First Class, Narsampet to release the auto bearing Registration No.A.P.36- X-6924 seized in C.O.R.No.177 of 2010-11 of Prohibition & Excise station, Narsampet, on condition of the petitioner furnishing security in a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Narsampet. Further, 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. ________________________________ GOPALA KRISHNA TAMADA, J 18th February, 2011. Tsy [1] 1996 (1) ALT Crl. 130 [2] 1995 (3) ALD 80 [3] (2002) 10 SCC 283