SANA SRIHARI REDDY Vs. STATE OF A.P

JUDGEMENT

(1.) Heard Sri Y. Koteswara Rao, Learned Counsel for the Writ Petitioner and Sri G. Sravan Kumar, Learned Assistant Government Pleader for Forest.

(2.) Petitioner is the owner of the Lorry (Ashok Leyland) bearing No. AP 26 TB 2345. The driver of the Lorry, one Thupakula Mahendra was operating for transportation of rice from Nellore to Chennai port. On 10/1/2022, the Vehicle was loaded with rice at Baba Rice Mill, Nellore for the onward transportation to Chennai port. On 11/1/2022, at about 23.15 hours, when Sullurpet Police checked the Vehicle at Holy Cross Circle, they found 11 bags of sandal wood along with rice bags and the Sullurpet Police registered FIR No.3 of 2022 as against three (3) persons. Two persons out of the three were the drivers of the lorry that belongs to the Petitioner. It is also stated that in the confession statement given by the lorry driver (Accused in the FIR), he had clearly stated that he and others have indulged in transportation of 11 bags of sandal wood to Chennai for gain and that the same was done without the knowledge and consent of the owner. Admittedly, the instant Writ Petitioner is not arrayed as an accused in the FIR. The Forest officials have recorded the statement of the Writ Petitioner also, wherein he had stated that the Vehicle was misused by the driver and the driver had illegally loaded 11 bags of sandal wood along with rice bags to transport the same to Chennai Port.

(3.) Learned Counsel for the Writ Petitioner has also submitted that the Writ Petitioner approached the Authorities for the release of the Vehicle and since no orders were passed by the 3rd Respondent, the Writ Petitioner was constrained to file Writ Petition No.26938 of 2022. He further submitted that the Official Respondent No.3 has confiscated the Vehicle by an Order dtd. 27/8/2022. Against the said Order, the Writ Petitioner has filed an Appeal before 2nd Respondent. The Appellate Authority/2nd Respondent has, by Order dtd. 30/11/2022, remanded the matter back to the 3rd Respondent to consider and pass fresh Orders.