HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.9416 of 2011 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. In this writ petition, the petitioner has questioned the action of the respondents in seizing Tractor bearing No.AP 05 AD 9104 and Trailer bearing No.AP 31 U 0098, on 02.04.2011. A perusal of letter addressed by the second respondent-Sub-Inspector of Police, Payakaropeta Police Station to the first respondent–Assistant Director of Mines and Geology, Anakapalli, reveals that on receipt of credible information about illegal transportation of sand, the Police proceeded towards V.Kothuru Village and caught the aforesaid vehicle when it was illegally transporting the sand without any valid permit as required under the Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short ‘the Rules’). On instructions, it is submitted by the learned Assistant Government Pleader for Mines and Geology appearing for the respondents that Tractor bearing No. AP 05 AD 9104 and Trailer bearing No.AP 31 U 0098 was seized earlier also for similar such offence. It is also submitted that the aforesaid vehicle was not produced before the Magistrate concerned and it is in the custody of the second respondent. It is to be noticed that though the aforesaid vehicle was seized on 02.04.2011, it was not produced before the Magistrate concerned and there is no reason for not producing the same before the Magistrate concerned till now. A perusal of Rule 9-X(b) of the Rules indicates that when the offence is of such nature, penalty is leviable for an amount of Rs.10,000/-. Further, there is also a provision to confiscate the seized vehicle in repeated violations. As it is stated by the learned Assistant Government Pleader for Mines and Geology appearing for the respondents that Tractor bearing No.AP 05 AD 9104 and Trailer bearing No.AP 31 U 0098 was seized earlier also, I deem it appropriate to direct the respondents to release the Tractor bearing No. No. AP 05 AD 9104 and Trailer bearing No.AP 31 U 0098 to the petitioner on his depositing a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) before the first respondent within a period of two (2) weeks from today. Such deposit made by the petitioner will be subject to final orders to be passed by the competent authority under the Rules. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 08th April 2011 Note: Issue CC by Monday. B/o DR