Writ petition challenging vehicle seizure for sand transport without permit. Court ordered release on payment of penalty unless prior similar offence recorded.
Vehicle to be released on payment of Rs. 20,000/- if not involved in earlier similar offences.
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THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.5918 of 2013
ORDER:
The petitioner claims to be the owner of a Vehicle bearing No.AP-28-Tc-3683. The vehicle was seized by the 2nd respondent on 24.02.2013, on the ground that it was used in transporting sand without valid permit and was handed over to the 3rd respondent for custody. A crime is also said to have been 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 is 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 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 3rd 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.
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
Date: 27.02.2013 Note: Issue C.C. tomorrow. JSU
THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY
WRIT PETITION No.5918 of 2013
Date: 27.02.2013
JSU
1 issue framed by the court
Whether the seized vehicle used for transporting sand without permit without prior penalty can be released upon payment of Rs. 20,000/.
1 provisions across 1 enactments
The Petitioner (Vehicle Owner)
The 2nd Respondent (Seizing Authority)
The 3rd Respondent (Custodian)
L. NARASIMHA REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
