COURT HAS GOT JURISDICTION TO RELEASE THE VEHICLE INVOLVED IN EXCISE OFFENCES =The issue involved in this revision is no more res integra in view of the decision of this Court in P.Swarupa v. State of A.P.[1], wherein, it has been held that 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, Section 31 of the A.P.Prohibition Act, 1995 has an overriding effect over the 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 and release the vehicle by way of interim custody.

CRLRC 291 / 2013

CRLRCSR 4110 / 2013

PETITIONER RESPONDENT RAMAVATH LATCHIRAM, NALGONDA DT.,   VS SHO, PROH.&EXCISE ST.,MACHERLA & 5 OTHRS., REP PP., PET.ADV. : SRINIVASA REDDY RESP.ADV. : PUBLIC PROSECUTOR SUBJECT: Other offences not covered above DISTRICT:  GUNTUR

HON'BLE SRI JUSTICE B.SESHASAYANA REDDY

Crl.R.C.No.291 of 2013

ORDER:-

This revision is directed against the Order dated 28.01.2013 passed in Crl.M.P.No.519 of 2013 in P.R.No.338/2012-13 of Prohibition and Excise Station, Macherla on the file of the Junior Civil Judge, Macherla, whereby and whereunder the learned Junior Civil Judge dismissed the application filed under section 451 Cr.P.C.

2).      The petitioner is registered owner of Hero Honda Splendor bearing No.AP 24 AK 6153.  The said vehicle came to be seized in connection with P.R.No.338 of 2012-13 of Prohibition and Excise Station, Macherla, registered for the offence under section 7-A read with 8(e) of the A.P.Prohibition Act.

3).      The petitioner approached the Junior Civil Judge, Macherla, seeking release of the vehicle for interim custody by moving Crl.M.P.No.519 of 2013 under section 451 Cr.P.C.  The learned Junior Civil Judge by order, dated 28.01.2013, proceeded to dismiss the application on the ground that the Deputy Commissioner, Excise alone is competent to release the vehicle.  Hence, this revision.

4).      Heard learned counsel appearing for the petitioner, learned Additional Public Prosecutor appearing for the respondent/State and perused the order impugned in the revision.

5).      The issue involved  in this revision is no more res integra in view of the decision of this Court in P.Swarupa v. State of A.P.[1], wherein, it has been held that 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, Section 31 of the A.P.Prohibition Act, 1995 has an overriding effect over the 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 and release the vehicle by way of interim custody.

6).      As on this day, no proceedings have been taken up by the Deputy Commissioner, Excise for confiscation of the vehicle.  If the vehicle is allowed to be in the custody of the Station House Officer, Prohibition and Excise, Macherla, there is every likelihood of it’s value being deteriorated. In that view of the matter, the order impugned in this revision is set aside with a direction to the Junior Civil Judge, Macherla, to release the Hero Honda Splendor bearing No.AP24 AK 6153  to the petitioner for interim custody, subject to the following  conditions:-

(1)              The petitioner shall execute a personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only)  with  two sureties for the like sum  to the satisfaction of the learned Junior Civil Judge, Macherla;

(2)              The petitioner shall undertake to produce the Hero Honda Splendor bearing No.AP24 AK 6153 as and when required by the trial Court or by the authorities under the A.P.Prohibition Act;

(3)              The petitioner shall not alienate, mortgage, or alter the physical features of the Hero Honda Splendor bearing No.AP24 AK 6153;

(4)              The petitioner shall not use the vehicle for any illegal purposes.

7.       Accordingly, the Criminal Revision Case is allowed.

____________________________

JUSTICE B.SESHASAYANA REDDY

25^th February, 2013

gm/vjl                                          

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[1] 1996(1) ALT (Crl.) 130 (D.B.) (A.P.)