HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA
CRIMINAL REVISION CASE No:727 OF 2011
JUDGMENT:
The petitioner, who was unsuccessful in getting the Vehicle viz., Auto bearing No.AP 5 W 8028 released in C.F.No.1695 of 2011 in Cr.No.103 of 2011 filed under Sections 457 Cr.P.C. before the Additional Judicial First Class Magistrate, Peddapuram.
Apparently, the petitioner is the owner of the vehicle in question and the same was seized in connection with a case registered under Section 7(A) r/w 8 (e) of the A.P. Prohibition Act. 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], 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 or 457 Cr.P.C. and to release the vehicle by way of interim custody.
This Criminal Revision Case is allowed, at the stage of admission, with a direction to the Additional Judicial First Class Magistrate, Peddapuram, on the following conditions:
1) The petitioner shall execute a bond 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 Additional Judicial First Class Magistrate, Peddapuram.
2) He shall give an undertaking that he will produce the vehicle in question as and when required and he shall not alienate the same during the course of enquiry, investigation and trial.
Subject to the above conditions, the Criminal Petition is allowed.
_____________________________ Justice Gopala Krishna Tamada Dated: 25.3.2011 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:727 OF 2011 25.03.2011 [1] 1996(1) ALT Crl.130 [2] 1995(3) ALD 80 [3] (2002) 10 SCC 283