Allowed

Kanaparthy Ram Prasad, v. The State of Andhra Pradesh

Telangana HC1 Mar 2011CRLRC/440/2011

Case brief

AI extract

What is this about?

The court held that Section 31 of the A.P. Prohibition Act overrides the jurisdiction bar in Section 46E of the A.P. Excise Act. Consequently, a Magistrate was directed to release seized jaggery and alum to the petitioner upon security and return shop keys.

What did the court decide?

Released 22.95 quintals of Jaggery and 8.50 quintals of Alum subject to security; police directed to handover shop keys.

Kanaparthy Ram Prasad, Vs The State of Andhra Pradesh — Property and Title | Telangana HC (2011)

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THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.440 of 2011

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JUDGMENT:

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The petitioner is the owner of 22.95 quintals of Jaggery and 8.50 quintals of Alum, which were seized in connection with Crime No.11 of 2011 of Miryalaguda II Town P.S., Nalgonda District, registered for the offence punishable under Sections 8(b) of A.P. Prohibition Act and 34(e) of A.P. Excise Act. It is also contended by the learned Counsel for the petitioner that the shop of the petitioner was locked and the key was kept by the Police. During the pendency of the said proceedings, the petitioner approached the Judicial Magistrate of First Class, Miryalaguda and filed an application in C.F.No.847 of 2011 under Section 457 Cr.P.C. requesting the Court below to release the said stocks to his custody. However, the learned Magistrate returned the said application by a docket order dated 23.2.2011 stating that the said Court is not having jurisdiction to entertain the said application. The said docket order dated 23.2.2011 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 Pradesh[1] , Jitendra Palnitker Vs. State of Andhra Pradesh[2] and Sunderbhai [3] Ambalal 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 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 to 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, Miryalaguda to release 22.95 quintals of Jaggery and 8.50 quintals of Alum seized in connection with Crime No.11 of 2011 of Miryalaguda II Town P.S., Nalgonda District, on condition of the petitioner furnishing security for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety for the like sum to the satisfaction of the learned Judicial Magistrate of First Class, Miryalaguda. So far as the shop of the petitioner is concerned, the police concerned are directed to handover the keys of the said shop to the petitioner so as to enable him to carry on his business.

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_______________________________ JUSTICE GOPALA KRISHNA TAMADA

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1^st March 2011 Nn

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THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA

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CRIMINAL REVISION CASE No.440 of 2011

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1.3.2011

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[1] 1996(1) ALT Crl.130