THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.630 OF 2011 ORDER: 1 Petitioner is the 2nd accused in P.R.No.1467/2010-2011 on the file of Prohibition and Excise Station, Miryalaguda registered for the offence punishable under section 7 (A) r/w Section 8 (e) of A.P. Prohibition Act & Section 34 e of the Excise Act 1968. In connection with the said case, the police seized 20 bags i.e. one ton of black Jaggery and 50 Kgs of Alum from him. During the pendency of the said proceedings, the petitioner approached the court below and filed an application in C.F.No.1144 of 2011 under section 457 of Cr.P.C. requesting the court below to release the said stock towards custody. However, the learned Judicial Magistrate of I Class, Miryalaguda dismissed the said application stating that the said court is not having jurisdiction to entertain the said application. The said docket order dated 14.03.2011 is under challenge in this revision. 2 Having regard to the judgments passed by this court in P.Swarupa & Others Vs. State of Andhra Pradesh[1], Jitendra Palnitker Vs. State of Andhra Pradesh[2] and Sunderbhai Ambalal Desai Vs. 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 stocks, 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 under section 457 of Cr.P.C. and release the vehicle or stocks such as Jaggery or alum by way of interim custody. 3 Accordingly, the Criminal Revision case is allowed at the stage of admission, with a direction to the learned Judicial Magistrate of I Class, Miryalaguda to release the said stock of one ton black jaggery and 50 kgs of alum which was seized in connection with P.R.No.1467/2010-2011 on the file of Prohibition and Excise Station, Miryalaguda in favour of the petitioner, on condition of the petitioner furnishing security for a sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the Judicial Magistrate of I Class, Miryalaguda. -------------- 21.03.2011 Kvsn [1] 1996 (1) ALT Crl.130 [2] 1995 (3) ALD 80 [3] (2002) 10 SCC 283