THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.23249 of 2010 ORDER: The petitioner claims to be an agriculturist and owner of the tractor bearing registration No.AP 04 X 5983 (Mahindra and Mahindra Company make) and trailer number nil. According to him, his nephew - Induri Narasa Reddy, who is a resident of Rekala Brahmanapalli Village of Gopavaram Mandal, settled down at Chunchuluru of Nellore District, as Rekala Brahmanapalli was submerged in Somasila Project. One Miriam Kondaiah @ Miriam Mallem Kondaiah, who is a family friend of his nephew, was having a dilapidated hut at Surepalli. As Surepalli Village was also submerged, the petitioner and his nephew approached the said Kondaiah and requested him to give the old fixtures of his hut for using the same for the cattle shed of the petitioner. As such, they had obtained permission from the Village Revenue Officer of Brahmanapalli group of Villages for transportation of the old fixtures. While the driver of the petitioner and his assistant were transporting the rafters and supports (Koyyalu, Kusalu and Dulalu) in his tractor, on 15.02.2010 at about 5.00 a.m., the Deputy Range Officer, K.N.Palli Station, Atmakur Forest Range, Nellore District and his subordinates intercepted the tractor, at a distance of about half kilometer from Kadirinaidupalli towards Badvel Road, on Nellore-Badvel road, took the driver and his assistant into custody, seized the property, as it was red sander logs, and the tractor. The grievance of the petitioner is that though he preferred a petition before the respondent-Authorised Officer cum Assistant Conservator of Forests, Kavali, SPSR Nellore District the same was dismissed on 03.08.2010 on the grounds that the case is under trial and the enquiry is in progress; since the vehicle is involved in forest offence committing smuggling of red sander logs without valid forest permit, unless and until the owner of the vehicle proves his innocence, it cannot be released and that after finalisation of the trial, appropriate proceedings will be issued by the respondent. The learned counsel for the petitioner contends that the red sander logs seized by the respondent were already used and they were meant for domestic use and that as per Rule 16 of the Andhra Pradesh Red Sanders Wood Possession Rules, 1989 whether an article made of Red Sanders Wood is put for domestic use or not has to be decided by the Divisional Forest Officer concerned and his decision shall be final and the petitioner having not committed any offence, his vehicle is not liable for confiscation. On the other hand, the learned Government Pleader for Forests contends that against the impugned order, the petitioner has got an effective alternative remedy of appeal under Section 44 (2-E) of the A.P. Forest Act, 1967, but the petitioner without availing such remedy, filed the present writ petition. However, the learned counsel for the petitioner requested this Court to adjudicate this matter on merits. A perusal of the impugned order clearly discloses that the enquiry is in progress and that since the vehicle of the petitioner is involved in smuggling of red sander longs, unless and until the owner of the vehicle proves his innocence, the vehicle cannot be released. Therefore, the request of the petitioner for adjudication of the matter on merits cannot be considered. Further, as to whether the red sander logs are meant for domestic purpose or not would be known after completion of the trial only. Since the vehicle has been seized in connection with a forest offence, the same cannot be directed to be released. I n State of Karnataka v. K.Krishnan [1] , the Supreme Court held that the vehicles, which are involved in the forest offences, cannot be released. Hence, I see no merits in this writ petition and the same is accordingly dismissed. There shall be no order as to costs. N.V. RAMANA, J Date: 21.09.2010 va [1] AIR 2000 SC 2729