IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.21054 of 2014 BETWEEN Harish Dhanekula.
AND ... PETITIONER State of Andhra Pradesh, Rep. by Secretary, Revenue Department, Secretariat, Hyderabad and others.
...RESPONDENTS Counsel for the Petitioner: MR. P.S.P. SURESH KUMAR Counsel for the Respondents: GP FOR REVENUE (AP) – R1 to R3 GP FOR HOME (AP) – R4 GP FOR MINES & GEOLOGY (AP) – R5 The Court made the following:
ORDER:
Petitioner’s tractor bearing No. AP 07 TW 5649 and trailer bearing No. AP 07 TW 5650 were seized by the fourth respondent on 21.07.2014 on the prima facie satisfaction that it was found involved in transportation of sand illegally and without permit.
2. Learned Assistant Government Pleader, who was required to get instructions, had obtained instructions on behalf of the Tahsildar, Penamaluru stating that the accused along with the tractor and trailer was handed over to the Station House Officer, Penamaluru to take necessary action and FIR.No.375 of 2014 dated 21.07.2014 was already registered and Form 66 has been deposited before the I Metropolitan Magistrate Court, Vijayawada in CF.No.3464/2014 dated 26.07.2014. It is also stated that the petitioner is found to be habitually indulging in transportation of sand and earlier instance of 24.01.2014 is also quoted. The Sub-Inspector of Police Station, Penamaluru Police Station, states in his instructions that the sand, which was carried in the said tractor was unloaded on the road and the tractor was parked by the side of the road when the seizure was made. The vehicle is stated to be kept in police station for safe custody.
3. Though the petitioner denied any involvement of the said tractor in the alleged offence, the present writ petition is filed seeking release of the said vehicle in terms of the policy of the Government under G.O.Ms.No.186 Industries & Commerce (Mines-I) Department dated 17.12.2013. Reliance is also placed upon orders of this Court in WP.No.10231 of 2014 dated 03.04.2014 where interim custody of the vehicle pending enquiry was granted.
4. Considering the facts and circumstances of the case and the terms of the GO, referred to above, I am inclined to dispose of the writ petition by directing respondents 4 and 5 to release the tractor and trailer of the petitioner, aforesaid, immediately subject to the petitioner depositing a sum of Rs.15,000/- (Rupees Fifteen Thousand only) in terms of clause 9(Q) of G.O.Ms.No.186 dated 17.12.2013 by treating the said offence as committed for the second time subject to further enquiry and determination with regard to seizure after considering the objections of the petitioner and any other person against whom the said claim is made. It is made clear that the release of the said tractor and trailer shall be subject to further orders to be passed in the enquiry and an undertaking shall also be obtained from the petitioner that he shall not alienate or transfer the said tractor and trailer in favour of third party and produce the vehicle as and when required for the purpose of enquiry and when called upon to do so.
The writ petition is disposed of. As a sequel, miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J August 5, 2014 DSK