Allowed

Malothu Sudhakar v. The Deputy Commissioner of Prohibition and Excise

Telangana HC4 Feb 2011CRLRC/197/2011

Case brief

AI extract

What is this about?

In a criminal revision, the High Court held that despite jurisdictional bars in the Excise Act, the overriding effect of Section 31 of the Andhra Pradesh Prohibition Act empowers the Magistrate to release a seized motorcycle under Section 451 CrPC upon furnishing security and undertaking.

What did the court decide?

Directed the Judicial First Class Magistrate to release the seized Motor Cycle on condition of the petitioner furnishing security of Rs.25,000 with two sureties of like amount each and executing an un

Malothu Sudhakar Vs The Deputy Commissioner of… — Money Laundering | Telangana HC (2011)

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HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA

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CRIMINAL REVISION CASE No:197 OF 2011

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ORDER:

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The petitioner, who was unsuccessful in getting the Vehicle viz., Motor Cycle bearing Reg.No.AP-36-AH-1391 released in Crl.M.P.No.62 of 2011 in C.O.R.No.567 of 2010-2011 filed under Section 457 Cr.P.C. before the Judicial First Class Magistrate, Mulugu, filed the present Criminal Revision Case.

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Apparently, the said vehicle was seized in connection with a case registered under Section 7(A) read with Section 8 (e) of A.P. Prohibition Act, 1995 and the learned Magistrate when an application was filed under section 457 Cr.P.C., passed an order stating that he has no jurisdiction to entertain the application.

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Having regard to the judgments passed by this Court in P. [1] Swarupa and Others V. State of Andhra Pradesh , Jitendra Palnitker Vs. State of Andhra Pradesh[2] and Sunderbhai Ambalal [3] Desai V. State of Gujara t , 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 Magistrate is empowered to pass orders under section 451 Cr.P.C. and release the vehicle by way of interim custody.

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This Criminal Revision Case is allowed, at the stage of admission, with a direction to the Judicial First Class Magistrate, Mulugu, to release the Motor Cycle bearing Registration No.AP-36AH-1391 seized in C.O.R.No.567/2010-11 of Prohibition & Excise Station, Mulugu, Warangal District, on condition of the petitioner

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furnishing security 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 learned Judicial First Class Magistrate, Mulugu. 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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______________________________ Justice Gopala Krishna Tamada Dated: 4.2.2011 Nn

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HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA

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CRIMINAL REVISION CASE No:197 OF 2011

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4.2.2011

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