Allowed

Repaka Srinivasa Rao, v. The State of Andhra Pradesh

Telangana HC23 Feb 2011CRLRC/398/2011

Case brief

AI extract

What is this about?

The High Court held that Section 31 of the Andhra Pradesh Prohibition Act, 1995 overrides Section 46-E of the A.P. Excise Act, 1968. It empowered the Magistrate to issue orders under Sections 451 or 457 Cr.P.C. to release seized black jaggery and alum, directing the petitioner to furnish security and a surety.

What did the court decide?

Direction to the Judicial Magistrate to release 800 kgs of black jaggery and 2100 kgs of alum on condition of the petitioner furnishing security of Rs.40,000/- with one surety.

Repaka Srinivasa Rao, Vs The State of… — Pension and Retirement Benefits | Telangana HC (2011)

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THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA

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CRIMINAL REVISION CASE No.398 OF 2011

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JUDGMENT:

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Petitioner is the owner of 800 kgs of black jaggery a n d 2100 kgs of alum, which was seized in connection with C.O.R.No.568/2010-11 of Prohibition and Excise Station, Burgamphad, registered for the offence punishable under Section 34(e) of A.P. Excise Act, 1986. During the pendency of the said proceedings, the petitioner approached the Judicial Magistrate of First Class, Bhadrachalam, and filed an application in Crl.M.P.No.319 of 2011, under Section 457 Cr.P.C. requesting the Court below to release the said stocks to his custody. However, the learned Magistrate dismissed the said application by a docket order, dated 17.02.2011, stating that the said Court is not having jurisdiction to entertain the said application as envisaged under Section 46-E of the A.P. Excise Act, 1968. The said docket order, dated 17.02.2011 is under challenge in this Revision.

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Having regard to the judgments passed by this Court in P.Swarupa and others v. State of Andhra Prades h [1], Jitendra Palnitker v. State of Andhra Prades h [2] and [3] Sunderbhai Ambalal Desai v. State of Gujarat , though Section 46-E of the A.P.Excise Act states that there is a bar of jurisdiction to entertain any application pertaining to release of the vehicle or stocks such as jaggery or alum, Section 31 of the Andhra Pradesh Prohibition Act, 1995 has an overriding effect over the A.P. Excise Act. In the

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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 release the vehicle or stocks such as Jaggery and alum by way of interim custody.

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Accordingly, the Criminal Revision Case is allowed at the stage of admission, with a direction to the learned Judicial Magistrate of First Class, Bhadrachalam, to release 800 kgs of black jaggery and 2100 kgs of alum seized in connection with C.O.R.No.568/2010-11 of Prohibition and Excise Station, Burgamphad, on condition of the petitioner furnishing security for a sum of Rs.40,000/- (Rupees Forty thousand only) with one surety for the like sum to the satisfaction of the learned Judicial Magistrate of First Class, Bhadrachalam.

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___________________________________ JUSTICE GOPALA KRISHNA TAMADA

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23^rd February 20110 DR

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

Repaka Srinivasa Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Repaka Srinivasa Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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