Allowed

Bhuma Venkanna , Venkateswarlu, v. The State of Andhra Pradesh

Telangana HC9 Mar 2011CRLRC/516/2011

Case brief

AI extract

What is this about?

In a criminal revision, the Hon'ble High Court held that under Section 31 of the Andhra Pradesh Prohibition Act, 1995, the Magistrate has jurisdiction under Section 457 Cr.P.C. to release seized jaggery stocks conditionally upon furnishing security, overriding the bar in the Excise Act.

What did the court decide?

Stock of 1000 kgs black jaggery released to the petitioner on the condition of furnishing security of Rs. 20,000 with one surety of like sum.

Bhuma Venkanna , Venkateswarlu, Vs The State of Andhra Pradesh — Telangana HC (2011) — LawSathi Research

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THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.516 of 2011

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JUDGMENT:

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The petitioner is the owner of 1000 kgs of black jaggery, which was seized in connection with P.R. No.1048 of 2010-2011 of Kothagudem Prohibition and Excise Station, Khammam District. During the pendency of the said proceedings, the petitioner approached the Court below and filed an application in C.F.R. No.427 of 2011 in P.R.No.1048 of 2010-11 under Section 457 Cr.P.C., requesting the Court below to release the said stock to his custody. However, the learned Judicial First Class Magistrate, Kothagudem, returned the said application stating that the said Court has no jurisdiction to entertain the said application. The said docket order dated 24.2.2011 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 First Class Magistrate, Kothagudem, to release 1000 kgs of black jaggery seized in connection with P.R. No.1048 of 2010-2011 of Kothagudem Prohibition and Excise Station, Khammam District, on condition of the

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petitioner furnishing security for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with one surety of the like sum to the satisfaction of the learned Judicial First Class Magistrate, Kothagudem.

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_______________________________ JUSTICE GOPALA KRISHNA TAMADA

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9^th March 2011 Nn

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THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA

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CRIMINAL REVISION CASE No.516 of 2011

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9.3.2011

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

Bhuma Venkanna , Venkateswarlu, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Bhuma Venkanna , Venkateswarlu, 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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