WP/40584/2014 of Maddipatla Dorayya Vs The State of Andhra Pradesh on 30 December 2014

ORDER:

Heard the counsel for the petitioner, learned GovernmentPleader for Panchayat Raj for respondent No. 1, learnedGovernment Pleader for Home for respondent No.2, and thelearned Government Pleader for Revenue for respondent No.3.

2. The grievance of the petitioner in this Writ Petition is that the2[nd] respondent has seized the petitioner’s vehicle viz., Tractorbearing Registration No.AP-05BL-5276- & Trailer No. AP-05CQ-7652, without following any procedure and that the said seizure isillegal and arbitrary.

3. It is not disputed that the seizure of vehicles for illegallytransporting sand was previously governed by G.O.Ms.No. 186Industries and Commerce (Mines-I) Department dated 17.12.2013,but the said G.O is now superceded and substituted byG.O.Ms.No.95 Industries and Commerce (Mines-IV) Departmentdated 28.8.2014.

4. The new Rules provide for a penalty for the first and secondoffences, and thereafter, discretion is conferred on the authorizedOfficer to confiscate the vehicle involved in illegal extraction andtransportation of sand. The Rules also contemplate that anyofficer, who seized any vehicle, may release the same on theexecution a bond by the owner thereof for the production of thevehicle so released, as and when directed by the competentcourt. Rule 18 of the said Rules contains these provisions and thesame is extracted hereunder:

“18 Offences:

(i) Where vehicles without valid way bill has been used thetransportation of sand in contravention to these rules:

(a) If any vehicle is found to be involved for illegal extraction andtransportation of sand under these rules shall be levied penalty foreach vehicle as detailed below:- (b)If the vehicle is found to be involved more than two times, suchvehicle along with sand shall be confiscated by any officerauthorized by the Government through notification from time to time.vehicle along with sand shall be confiscated by any officerauthorized by the Government through notification from time to time.

(ii) Every officer seizing any vehicle under said sub-rule (1) shallplace on such vehicle, a mark indicating that the same has beenseized and shall submit a report of such seizure to the CompetentCourt of Law.seized and shall submit a report of such seizure to the CompetentCourt of Law.

(iii) An authorized officer who seizes any vehicle shall orderconfiscation of the vehicle so seized.

(iv) No order of confiscation of any vehicle shall be made under sub-rulerule

(v) Unless the person from whom the vehicle is seized is given:- (a) A notice in writing informing the person of the grounds on which itis proposed to confiscate such property.is proposed to confiscate such property.

(b) An opportunity of making a representation in writing within suchtime as may be specified in the notice against the grounds forconfiscation; andtime as may be specified in the notice against the grounds forconfiscation; and

(c) A reasonable opportunity of being heard in the matter.

(vi) Without prejudice to the provisions of sub-rule (4), no order ofconfiscation under sub-rule (3), of any machinery/vehicle shall bemade if the owner of the vehicle thereof proves to the satisfaction ofthe authorized officer that it was used in carrying the operationswithout his knowledge or connivance or the knowledge orconnivance of his agent, if any, or the person in charge of the vehiclein committing the offence and that each of them had taken allreasonable and necessary precautions against such use. Providedthat no order prejudicial to any person shall be passed without beingoffered an opportunity of being heard.

(vii) Any officer who seized any vehicle under Sub-rule (1) (iii) and where he makes a report of such seizure to the competent courtunder sub rule (2) may release the same on the execution a bond bythe owner thereof for the production of the vehicle so released, asand when directed by the competent court.

(viii) The vehicle seized udder this rule shall be kept in the custody ofthe Station House Officer/Motor Vehicle Inspector concerned until anorder of the Competent Court of Law directing its disposal isreceived.

(ix) Upon the receipt of any report under sub-rule (2), the Magistrateshall take such measures as may be necessary for the trial of theaccused and the disposal of the vehicle according to law.”

5. Having regard to the above provision, the petitioner isdirected to submit a representation to the officer who seized thevehicle for its release; the said officer shall within three days fromthe date of receipt of the representation examine whether thevehicle was used in committing the offence for the first or thesecond time; and, if so, consider directing release of the vehicleon payment of the prescribed penalty. If, on the other hand, thevehicle is found to have been used in the commission of theoffence for three or more times, the officer concerned shallconsider directing the release of the vehicle, in accordance withRule 18(vii), on a bond being executed by the owner of the vehiclefor its production as and when directed by the competent Court towhich such seizure was reported by the Officer who seized thevehicle.

6. The entire exercise, culminating in an order being passed,shall be completed within three days from the date of submissionof the representation by the petitioner; and necessary action shallbe taken for release of the vehicle, in cases falling within the ambitof Rule 18(i)(a), on payment of the prescribed penalty; and, inother cases, on a bond being executed in terms of Rule 18(vii) ofthe Rules.

7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneouspetitions, pending if any, shall stand closed.

Date: 30.12.2014Vsv

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JUSTICE M.S.RAMACHANDRA RAO