A. GOPAL REDDY, J. ( 1 ) THIS Criminal Petition is filed under section 482 Cr. P. C. , to quash the order dated 17-12-2004 in Crl. R. P. No. 88 of 2004 on the file of Additional Sessions Judge, medak confirming the order passed by the judicial First Class Magistrate, Medak in crl. M. P. No. 1416 of 2004 dated 15-10-2004 in Crime No. 74 of 2004 of P. S. Medak Rural. ( 2 ) THE petitioner was arrayed as accused no. 4 in Crime No. 74 of 2004 alleging that the sub-Inspector of Policeon reliable information along with his staff went to Burgupally village and raided the house of Patluri Basker (accused No. 1) and found that in front of open place belonging to Patluri Basker, he and 9 others including the petitioner, were playing cards in two batches while drinking alcohol. On enquiry, the police came to know that A-1 is illegally selling liquor and also providing playing cards. Accordingly, the police seized the vehicles under a panchanama apart from the empty bottles and glasses etc. , and recorded the statements of the accused for illegal selling of liquor and allowing the place for playing play cards by a-1 and other accused. The property, which was seized, was deposited before the magistrate and a crime was registered for the offence under Section 34 (a) of A. P. Excise act, 1968, Section 8 (a) of the A. P. Prohibition act, and Sec. 9 (1) of A. P. Gaming Act, 1974 against the accused. Thereafter, the petitioner filed a petition under Section 451 Cr. P. C. , before the Judicial First Class Magistrate, medak seeking interim custody of the Bajaj boxer bearing Engine No. DMM BKE 86872 and Chasis No. DFFBKF 78996 and mobile phone L. G. C DMA, Model No. RD. 2030, si. No, 210 K526547231 owned by him. The learned Magistrate dismissed the application holding that the petitioner has committed the offence under Section 34 (a) of A. P. Excise act and also under Sec. 9 (1) of A. P. Gaming act and that the property was wrongly deposited in the court instead of depositing the same before the Deputy Commissioner of Excise, Nizamabad. Aggrieved by the same, the petitioner carried the matter in crl. R. P. No. 88 of 2004 on thefileof I Additional sessions Judge, Medak. Aggrieved by the same, the petitioner carried the matter in crl. R. P. No. 88 of 2004 on thefileof I Additional sessions Judge, Medak. The learned sessions Judge observed that the property seized by the police in Cr. No. 74 of 2004 was for the offence under Section 34 (a) of the a. P. Excise Act, under Section 8 (a) of A. P. Prohibition Act and under Section 9 (1) of a. P. Gaming Act. The vehicle is involved in the offence under Section 34 (a) of A. P. Excise act and the same is liable for confiscation, if the case is proved. Under Section 13 (e)-of the A. P. Prohibition Act, the courts are barred from entertaining the application for return of the property. By mistake the police deposited the case property in Judicial First Class magistrate Court, at Medak. Observing so, the learned Judge by order dt. 17-12-2004 dismissed the revision confirming the finding given by the trial court. ( 3 ) HEARD learned counsel forthe petitioner and learned Additional Public Prosecutor. ( 4 ) IT is not dispute that the vehicles, which were seized, were not used for carrying liquor. Observing so, the learned Judge by order dt. 17-12-2004 dismissed the revision confirming the finding given by the trial court. ( 3 ) HEARD learned counsel forthe petitioner and learned Additional Public Prosecutor. ( 4 ) IT is not dispute that the vehicles, which were seized, were not used for carrying liquor. Section 45 of the A. P. Excise Act contemplates confiscation of certain things, which reads as under: liability of certain things to confiscation: Whenever an offence has been committed, which is punishable under this Act, following things shall be liable to confiscation, namely: (1) any intoxicant, materials, still, utensil, implements or apparatus in respect of or by means of which such offence has been committed; (2) any intoxicant lawfully imported, transported, or manufactured, had in possession, sold or brought along with, or in addition to any intoxicant liable to confiscation under clause (1); and (3) any receptacle, package, orcovering in which anything liable to confiscation under clause (1) or clause (2), is found, and the other contents, if any, of such receptacle, package orcovering and any animal, vehicles, vessel, raft or other conveyance used for carrying the same; ( 5 ) SIMILARLY, Section 12 of the a. P. Prohibition Act envisages confisacation of vehicles, which reds as under:"things liable to confiscation: without prejudice to the powers of the exicse officers under Section 46 of the andhra Pradesh Excise Act, 1968, in any case in which an offence has been committed against this act, the liquor by means of which the offence has been committed shall be liable to confiscation along with the receptacles, packages, coverings, animals, vessels, carts or other vehicles used to hold or carry the same" ( 6 ) SECTION 46 (e) of the Andhra Pradesh excise Act, and Section 13 (e) of the Andhra pradesh Prohibition Act, 1995 bar the jurisdiction of the Criminal Court in entertaining an application for release of vehicles involved in commission of offence which reads as under:"bar of Jurisdiction: Notwithstanding anything contained in the Code or Criminal Procedure, 1973 when the deputy Commissioner or Prohibition and excise or the appellate authority is seized with the matter under this Act, no court shall entertain any application in respect of liquor, any receptacle, package, covering, any animal, cart, vehicle or other conveyance used in carrying such liquor as far as its release, or confiscation is concerned and the jurisdiction of the Deputy commissionerof Prohibition and Excise or the appellate authority with regard to the disposal of the same shall be exclusive. " ( 7 ) EVEN as per the contents of F. I. R, the petitioner visited the place on the above vehicle, consumed liquor, and played the cards, but, the vehicles were not alleged to be used for carrying or transporting of any intoxicant materials, which is liable for confiscation under sub-section (3) of section 45 of the A. P. Excise Act or under section 12 of A. P. Prohibition Act. In view of the same, they are not liable for confiscation and the same cannot be produced before the deputy Commissioner. That is the reason why, the same were produced before the magistrate. ( 8 ) THUS it is obvious that the vehicle, which has not been involved in the commission of offence, is not liable for confiscation. It is only the Magistrate, who can release the vehicle and the mobile phone. view of the same, the impugned order passed by the court below in Crl. M. P. 1416 of 2004 dated 5-10-2004 as affirmed in crl. R. P. No. 88 of 2004 dated 12-12-2004 are set aside and the petition field by the petitioner is allowed and the matter is remitted to the lower court. The lower court is directed to release the vehicle to the true owner of the vehicle, after due enquiry into the matter by imposing necessary conditions. ( 9 ) ACCORDINGLY, the Criminal Petition is allowed.