NEELAM PENCHAL REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed for a Mandamus to declare the action of respondent No.3 in seizing Tractor and Trailer bearing registration Nos. A1C 612 and A1C 613 respectively, without registering any case, as illegal and arbitrary.

(2.) On 24/7/2009, this Court, while directing release of the tractor and trailer forthwith, directed respondent No.3 to be personally present in the Court. In pursuance of this direction, Sri Vijaya Rao, Station House Officer of Penamalur Police Station, Penamalur Mandal, Krishna District, is present and he submitted that in pursuance of the interim direction given above, he released the tractor and trailer. He apologized for detaining the tractor and trailer without registering the case by stating that in view of the instructions contained in G.O.Ms.No.84, dated 10-04-2007, under which the police are directed to check illegal mining, he had bona fide detained the tractor.

(3.) A perusal of the said G.O. does not empower the police to detain any vehicle, transporting mineral illegally extracted, without registering a case. Even though the police are charged with the duty to take action against the persons, who commit of fences, they are not empowered to exercise their power arbitrarily by detaining the properties of the citizens without registering cases. For the present, the explanation and the apologies tendered by respondent No.3 are accepted and the writ petition is disposed of as infructuous, with a caution to respondent No.3 to follow the procedure prescribed by law, while dealing with the citizens and their properties in future.