( 1 ) THIS petition is filed under Section 482 Cr. P. C. for release of Hero Honda Motor Cycle bearing R. T. O. Registration No. A. P. 9c 2803 in favour of the petitioner herein.

( 2 ) IN this matter, a small but very interesting point has been agitated before this Court for consideration.

( 3 ) THE learned counsel for the petitioner submitted at the Bar that the offence against the petitioner under the Andhra Pradesh Prohibition Act and Andhra Pradesh Excise Act is yet to be proved. The motor cycle in question is exposed to the atmosphere condition and it is lying without any care being taken. Thus, at the end of trial even if the accused is acquitted, the motor cycle will lose its value and therefore prayed for the interim custody of the said vehicle.

( 4 ) THE learned Public Prosecutor appearing on behalf of the State submitted at the Bar that the motor cycle is liable to be confiscated and the confiscation is to be done by the Prohibition and Excise Officials. The Magistrate has no jurisdiction to pass even an interim order regarding the release of the motor cycle. Therefore, the legal question posed before me as to whether the Magistrate has jurisdiction to pass the order for interim custody of the vehicle involved in the Prohibition and Excise offences.

( 5 ) IN order to appreciate the law involved in the matter, it is necessary to see into the statement of objects and reasons for enacting the Andhra Pradesh Prohibition Act, 1995 and to know whether the Magistrate has jurisdiction.

( 6 ) THE statement of objects and reasons reads as under :"article 47 of the Constitution enjoins that the State shall endeavour to bring about prohibition of the consumption, except for medicinal purposes, of all intoxicating drinks which are injurious to health. The Andhra Pradesh (Andhra Area) Prohibition Act, 1937 which satisfied the above Constitutional mandate was in force in the Andhra Area of the State of Andhra Pradesh until the 30/10/1969. Prohibition was lifted in the Andhra Area of the State also with effect from the first November 1969 and from that date onwards there has been no prohibition on the sale and consumption of alcoholic drinks in the State of Andhra Pradesh. In recent times, it is noticed that the consumption of alcoholic drinks has grown alarmingly and has developed into a social evil. Though the sale of arrack was banned by the Government with effect from 1/10/1993 there is no ban on the sale and consumption of Indian made liquors and Foreign liquors, beer, wine, etc. The women folk in the State of Andhra Pradesh have been agitating for the imposition of total prohibition. The Government have taken notice of their just demand and have decided to impose total prohibition on the consumption of alcoholic drinks, other than toddy. "by reading the statement of objects and reasons, it is evident that earlier there was a Prohibition Act which was known as andhra Pradesh (Andhra Area) Prohibition Act, 1937, which satisfied the constitutional mandate and which was in force in the Andhra Area of the State of Andhra Pradesh till 30/10/1969. Thereafter it appears that the prohibition was totally lifted in Andhra Area of the State with effect from the First November 1969 and from that date onwards there was no prohibition on the sale and consumption of alcoholic drinks in the State of Andhra Pradesh.

( 7 ) IT can be further noticed from the statement of objects and reasons that when the Government noticed that the consumption of alcoholic drinks is going alarmingly and developing social evil, therefore, initially the sale of arrack was banned by the Government with effect from the 1/10/1993 and there was no ban on the sale and consumption of Indian made liquors and Foreign liquors, beer, wine etc. In other words, it means that in Andhra Pradesh the total prohibition was made after 1969 for the first time in the year 1995.

( 8 ) IT further appears that the Andhra Pradesh Excise Act came to be enacted in the year 1