Allowed

L.Yesu, v. The Dy. Commissioner of Proh. and Excise Cases

Telangana HC21 Sept 2010CRLRC/1668/2010

Case brief

AI extract

What is this about?

Revision filed by an auto-rickshaw owner seeking release of seized vehicle. The court held that Section 31 of the Andhra Pradesh Prohibition Act overrides the jurisdictional bar in the Excise Act, empowering the Magistrate to order interim custody of the vehicle.

What did the court decide?

Direction to release the auto-rickshaw on security of Rs.25,000/- with two sureties and undertaking not to alienate or fail to produce the vehicle.

L.Yesu, Vs The Dy. Commissioner of Proh… — Civil Procedure and Limitation | Telangana HC (2010)

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THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.1668 of 2010

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ORDER:-

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Petitioner, who was unsuccessful in getting the vehicle i.e. autorickshaw bearing No.AP-20Y-1622 released in Crl.M.P.No.3040 of 2010 in P.R.No.800/2010-11, filed under Section 457 Cr.P.C., before the learned Special Judicial Magistrate of First Class (Prohibition & Excise), Khammam, filed the present Criminal Revision Case.

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2. Petitioner herein is the owner of the said vehicle and the Station House Officer, Prohibition & Excise police station, Khammam, found the auto-rickshaw carrying some contraband liquor and registered a case in P.R.No.800/2010-11 under Section 7 (A) read with Section 8 (e) of the Andhra Pradesh Prohibition Act, 1995 (for short – ‘the Act’), on 13-08-2010 and seized the same. As the petitioner is eking out his livelihood by plying the said auto-rickshaw, 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 27-08-2010, the Court below refused to release the said vehicle stating that in view of Section 13(e) of the Act there is a bar of jurisdiction to entertain such application.

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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] ,

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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.

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4. Accordingly, the Criminal Revision Case is allowed, at the stage of admission, with a direction to the learned Special Judicial Magistrate of First Class (Prohibition & Excise), Khammam, to release the auto-rickshaw bearing Registration No.AP-20Y-1622 seized in P.R.No.800/2010-11 of Prohibition & Excise police station, Khammam, 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 Special Judicial Magistrate of First Class (Prohibition & Excise), Khammam. 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.

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________________________________ GOPALA KRISHNA TAMADA, J

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21^st September 2010 CVRK

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[1] 1996 (1) ALT Crl. 130 [2] 1995 (3) ALD 80 [3] (2002) 10 SCC 283

L.Yesu, v. The Dy. Commissioner of Proh. and Excise Cases

Case brief

What is this about?

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L.Yesu, v. The Dy. Commissioner of Proh. and Excise Cases

Case brief

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