Allowed

M/s Suresh Kirana, and Jaggery Merchants, v. The Deputy Commissioner of Proh. and Excise Cases

Telangana HC23 Feb 2011CRLRC/399/2011

Case brief

AI extract

What is this about?

This revision dealt with the release of seized stocks of jaggery and alum. The court held that Section 31 of the A.P. Prohibition Act overrides the jurisdictional bar in the Excise Act, empowering the Magistrate to release the stocks with security.

What did the court decide?

Petitioner directed to release 100 bags of jaggery and 40 bags of alum on condition of furnishing security of Rs.40,000/- with one surety of equivalent amount.

M/s Suresh Kirana, and Jaggery Merchants, Vs The… — Criminal Trial and Appeal | Telangana HC (2011)

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THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA

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CRIMINAL REVISION CASE No.399 OF 2011

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JUDGMENT:

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Petitioner is the owner of 100 bags of black jaggery (each weighing 50 kgs) and 40 bags of alum (each weighing 20 kgs), which was seized in connection with P.R.No.1887/2010-11 of Prohibition and Excise Station, Khammam, registered for the offence punishable under Section 7(A) read with Section 8(e) of A.P.Prohibition Act, 1995 and under Section 34(e) of A.P. Excise Act, 1986. During the pendency of the said proceedings, the petitioner approached the Special Judicial Magistrate of First Class, (Prohibition and Excise Cases) at Khammam, and filed an application in Crl.M.P.No.790 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 21.02.2011, 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 21.02.2011 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

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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 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 Special Judicial Magistrate of First Class, (Prohibition and Excise Cases) at Khammam to release 100 bags of black jaggery (each weighing 50 Kgs) and 40 bags of alum (each weighing 20 kgs) seized in connection with P.R.No.1887/2010-11 of Prohibition and Excise Station, Khammam, 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 Special Judicial Magistrate of First Class, (Prohibition and Excise Cases) at Khammam.

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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

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[3] (2002) 10 scc 283

M/s Suresh Kirana, and Jaggery Merchants, v. The Deputy Commissioner of Proh. and Excise Cases

Case brief

What is this about?

What did the court decide?

M/s Suresh Kirana, and Jaggery Merchants, v. The Deputy Commissioner of Proh. and Excise Cases

Case brief

What is this about?

What did the court decide?

What the court decided

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