Allowed

Bolisetti Madan Mohan, v. The State of Andhra Pradesh

Telangana HC9 Mar 2011CRLRC/517/2011

Case brief

AI extract

What is this about?

A revision under Section 457 Cr.P.C. challenging the rejection of an application for release of seized jaggery stocks. The court held that Section 31 of the Andhra Pradesh Prohibition Act overrides the bar under the Excise Act, empowering the Magistrate to grant interim custody.

What did the court decide?

Released 46 gunny bags of black jaggery on the petitioner furnishing security of Rs. 20,000 with a surety of the like sum.

Bolisetti Madan Mohan, 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.517 of 2011

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JUDGMENT:

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The petitioner is the owner of 46 gunny bags of black jaggery (each containing 50 kgs), which was seized in connection with P.R. No.1550 of 2010-2011 of Prohibition and Excise Station, Khammam. During the pendency of the said proceedings, the petitioner approached the Court below and filed an application in Crl.M.P.No.792 of 2011 in P.R.No.1550 of 2010-11 under Section 457 Cr.P.C., requesting the Court below to release the said stock to his custody. However, the learned Special Judicial Magistrate of First Class (Prohibition & Excise Cases), Khammam, returned the said application stating that the said Court has no jurisdiction to entertain the said application. The said docket order dated 21.2.2011 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 Special Judicial Magistrate of First Class (Prohibition and Excise Cases), Khammam,

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to release 46 gunny bags of black jaggery (each containing 50 kgs) seized in connection with P.R. No.1550 of 2010-2011 of Prohibition and Excise Station, Khammam, on condition of the 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 Special Judicial Magistrate of First Class (Prohibition & Excise Cases), Khammam.

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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.517 of 2011

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9.3.2011

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[1] 1996(1) ALT Crl.130