Partly allowed

Karukulla Sankar Rao, v. The State of Andhra Pradhesh

Andhra Pradesh HC13 Mar 2020WP/6525/2020

Case brief

AI extract

What is this about?

The court disposed of a writ petition seeking release of a seized vehicle. It directed the respondent to produce the vehicle with a mediator's report before the jurisdictional Magistrate within two days, allowing the petitioner to seek release from the Magistrate on the same day.

What did the court decide?

Direction to produce vehicle with mediator's report before Magistrate within two days; liberty to apply for release.

Karukulla Sankar Rao, Vs The State of Andhra… — Property and Title | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

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WRIT PETITION No.6525 of 2020

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ORDER :

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The petitioner seeks a writ of mandamus declaring the action of the 2^nd respondent in seizing the lorry bearing No. AP 39 T 1259 to the petitioner without following any procedure, as illegal and violative of principles of natural justice and for a consequential direction to release the vehicle.

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The petitioner’s case is that he is the registered owner of the vehicle bearing No.AP 39 T 1259 and his vehicle was hired by M/s. Sri Durga Granites Factory for transporting the granite slabs to Nellore. While so, on 04.03.2020, his vehicle was proceeding to destination, the staff of respondent No.2 intercepted his vehicle and demanded the driver to produce the relevant documents. His driver produced the documents, which were issued to him by the dealer and respondent No.2 seized the vehicle on the ground alleging that he was transporting the granite slabs without any bills. The respondent No.2 sent complaint dated 04.03.2020 to the Chilakaluripeta Rural P.S., which was registered as a case in FIR No.37 of 2020 for the offences under Sections 379 of IPC and Section 21 (4) of Mines and Minerals (Development and Regulation) Act,

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The vehicle is now in the custody of the respondent No.2. Hence the instant application.

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Heard the learned counsel for the petitioner and the learned Government Pleader for Home, representing respondents 1 and 2.

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Learned Government Pleader for Home on instructions, would submit that the respondent No.2 has to produce the subject crime vehicle before the jurisdictional Magistrate shortly along with mediator’s report and hence the petitioner can approach the learned Magistrate and seek for release of the vehicle.

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The submission of learned counsel for petitioner is that the petitioner is only owner of the vehicle and he has nothing to do with the granite slabs which he was transporting on being hired by M/s. Sri Durga Granites Factory, Gurijepalli Village, Ballikurava Mandal, Prakasam District and as the vehicle is covered with necessary RC book and other permits, the vehicle may be directed to be released. He placed reliance on the order of this Court in W.P.No. 5922 of 2020, a perusal of which, shows in similar circumstances having found that the crime was registered in respect of the similar offences, this Court directed the petitioner to file an application before the jurisdictional Magistrate seeking release of the vehicle, in which event,

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the said Court shall deal with the same on the same day and pass appropriate orders.

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In that view of the matter, this writ petition is disposed of directing the respondent No.2 to produce the crime vehicle along with mediator’s report and other necessary documents before the jurisdictional Magistrate, within two (02) days from the date of receipt of a copy of this order and thereafter, the petitioner is given liberty to file an application before the jurisdictional Magistrate seeking release of the vehicle, in such an event, the learned Magistrate shall consider the said application and pass an appropriate order in accordance with law on the same day of filing of the application by the petitioner.

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No costs. As a sequel, Interlocutory Applications pending if any, shall stand closed.

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_________________________ D.V.S.S.SOMAYAJULU, J

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Date : 13.03.2020 Note: Issue C.C by 16.3.2020 B/o GR/VSL

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THE HON’BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

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WRIT PETITION No.6525 of 2020

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Date: 13.03.2020

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Karukulla Sankar Rao, v. The State of Andhra Pradhesh

Case brief

What is this about?

What did the court decide?

Karukulla Sankar Rao, v. The State of Andhra Pradhesh

Case brief

What is this about?

What did the court decide?

What the court decided

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