THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.1671 of 2010 ORDER: Petitioner, who was unsuccessful in getting the vehicle i.e. Auto bearing No.AP-16-TX-6421 released in Crl.M.P.No.5496 of 2010 in Crime No.247/2010-11, filed under Section 457 Cr.P.C., before the learned Judicial First Class Magistrate, Tiruvuru, filed the present Criminal Revision Case. 2. Petitioner herein is the owner of the said vehicle and the Station House Officer, Tiruvuru Police Station, found the Auto carrying some contraband liquor and registered a case in Cr.No.247/2010-11 under Section 7(A) read with Section 8(e) of the Andhra Pradesh Prohibition Act, 1995 (for short – ‘the Act’), on 21.07.2010 and seized the same. As the petitioner is eking out his livelihood by plying the said Auto, he approached the learned Magistrate and filed an application under Section 457 Cr.P.C., requesting the Court for interim custody of the said vehicle. However, by docket order dated 17-09-2010, the Court below returned the said application stating that it has no jurisdiction to entertain such 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 Act 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 learned Magistrate is empowered to pass orders either under Section 451 of Cr.P.C. or under Section 457 of Cr.P.C. and release the vehicle by way of interim custody. 4. Accordingly, the Criminal Revision Case is allowed at the stage of admission with a direction to the learned Judicial First Class Magistrate, Tiruvuru, to release the auto bearing Registration No.AP- 16-TX-6421 seized in Cr.No.247/2010-11 of Tiruvuru Police Station, Tiruvuru, on condition of the petitioner furnishing security for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties in a like sum each to the satisfaction of the learned Judicial First Class Magistrate, Tiruvuru. 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. ________________________________ GOPALA KRISHNA TAMADA, J 21st September 2010 CVRK [1] 1996 (1) ALT Crl. 130 [2] 1995 (3) ALD 80 [3] (2002) 10 SCC 283