KOTHURI JASHUVA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present writ petition is filed against the action of the respondent No.3 in seizing lorries bearing Nos.AP 16 TF 6848 and AP 16 TE 4789 belongs to the petitioner without following the procedure provided under law and consequently direct the respondents to release the above vehicles forthwith in the interests of justice.

(2.) The case of the petitioner is that he is the owner of the subject vehicles and he has been utilising the same for commercial purpose by fulfilling all the statutory requirements. While so, when the vehicles were proceeding to destination, the respondent No.3 seized the said vehicles alleging that illegal transportation of the black soil (mud) and registered a case in Crime No.102 of 2021, dated 15.3.2021, for the offences punishable under Section 379 IPC and 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957.

(3.) It is the contention of the petitioner that he gave his vehicle on hire to one of his acquainted person and he is not aware the purpose of the vehicle is being used by him. Learned counsel for the petitioner further submits that he did not commit any offence or contravention. He would further submit that the respondent No.2 is authorised to impose penalty as prescribed under sub-rule 3 (iii) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 as amended by G.O.Ms.No.35 (Industries & Commerce Mines-III) Department, dated 01.07.2020. Learned counsel for the petitioner also brought to the notice of this Court that in one identical matter in W.P.No.2690 of 2021, this Court directed to release the vehicle seized under similar set of facts.