( 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