ARUN BACHER Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The writ petitioner is the owner of Tractor and Trailer bearing Nos.TS01U2514 (amended as per orders in I.A.No.3 of 2018, dt.21.02.2018) and AP01Y0256. The respondents are the State represented by its Principal Secretary, Forest Department, the Divisional Forest Officer(for short, the DFO), of Sirpur, Khagaz Nagar Division, the Forest Range Officer,(for short the FRO) Sirpur, Khagaz Nagar Division and the R.4-Chief Wild Life Warden of Telangana Forest Department, Hyderabad added as per the orders in I.A.No.2 of 2018,dt.19.02.2018.

(2.) The prayer in the writ petition reads as follows:-

(3.) The supporting affidavit averments are that the petitioner engaged a driver for running the Tractor and Trailerand he came to know that those were seized by the FRO-R.3by registering crime No.POR 1852/158,dt.30.11.2017 showing one K.Mallesh as A.1 and the driver of the vehicle of the petitioner G.Suresh as A.2, for the offences punishable u/secs.20(i)(ii), Sec.44,52 r/w 58 of A.P.Forest Act, 1967(for short, the APF Act) u/sec.9 r/w 2(16), 39,50 r/w 51 and 57 of Wild Life (Protection) Act, 1972 (for short, WLP Act). The main allegation is that A.1 hunted a wild Boar and thereafter with the help of A.2 transported the meat on the Tractor as passenger in white bag and R.3 seized the same with the vehicle. The Writ Petitioners contention is that he is innocent and not connected with the crime. He made an application to the DFO-R.2 for interim custody of the vehicle to eak out his livelihood therefrom, else the vehicle will be rusted and damaged if kept idle. However, the 2nd respondent rejected the interim custody application of the vehicle to the writ petitioner/owner and the writ petitioner therefrom filed a petition before the learned Judl. Magistrate of First Class, Sirpur for release of the vehicle and the same was returned for want of jurisdiction referring to judgment of this Court in A.Satheesha Vs. State of A.P. It is further averred that the petitioner is no way connected with the allegations in the crime registered against the vehicle driver and the driver without knowing the contents of white bag permitted the other person as passenger and thereby the seizure of the vehicle of the petitioner is unsustainable and he has no other alternative and constrained to file the writ petition.