A.Nagarjuna vs. The Assistant Director

THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.38719 of 2012

ORDER:

The petitioner claims to be the owner of Goods Vehicle bearing No.AP 07 TU 1445. The vehicle was seized by the second respondent on 11.12.2012 on the ground that it was used in transporting sand without valid permit. Crime No.260 of 2012 was registered. The petitioner challenges the same.

Heard learned counsel for the petitioner and learned Government Pleader for Mines and Geology.

The only ground on which the vehicle was seized is that it was used in transporting sand without valid permit. The Andhra Pradesh Minor Mineral Concession Rules, 1966, provide for levy of penalty at the rate of Rs.20,000/- per heavy goods vehicle. On payment of such penalty, the vehicle can be released. However, if the vehicle was involved in similar crimes on earlier occasion, the facility would not be available.

Hence, the Writ Petition is disposed of, directing the second respondent that, in case the vehicle in question was not involved in similar offences or acts on earlier occasion and was not levied any penalty, it shall be released on payment of Rs.20,000/- (Rupees twenty thousand only). In case, the vehicle was involved in similar offences or acts on earlier occasion, the respondents need not release the vehicle and it shall be open to them to take necessary steps in accordance with law. For that purpose, the petitioner shall have to file an affidavit stating whether or not the vehicle was seized on earlier occasion, on the same allegations.

In view of disposal of the writ petition, the miscellaneous petition filed in this writ petition shall also stand disposed of. There

shall be no order as to costs.

L. NARASIMHA REDDY, J

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14 th December, 2012

Note: Furnish C.C. in two days. B/O) GHN