IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No. 11191 of 2010 DATED: 12.05.2010 BETWEEN Chakali Ushanna S/o Late Ramaiah …….. petitioner VS. 1. The Station House Officer, Police Station Makthal, Mahabubnagar District and one another . ……..respondents ORDER: The case of the petitioner is that he is the owner of the goods carriage vehicle bearing registration No. AP 22 X 7749. It is stated that he purchased the said vehicle on 20.4.2010. The validity of the composite fee/taxes are valid up to 20.4.2011 as the petitioner has procured the vehicle under hypothecation cum hire purchase agreement with M/s Shriram Transport Finance Company Limited Sivarampally, Hyderabad. While so, it is stated that while the vehicle was being utilised in public carrier and transporting sand on 30.4.2010 from the quarry, the vehicle was checked and seized and a criminal case was registered against the driver and owner of the vehicle in FIR No. 62 of 2010 dated 30.4.2010 of PS Makthal, Mahabubnagar District for the offence under Section 379 IPC , Section 27 red with 35 WLT Act 2003, on the ground that the vehicle was used to transport the sand illegally without permit or licence and sell the same at Rs. 10,000/- per load as per the instructions of the owner and accordingly the lorry went to Rojolli of Karnataka State and loaded with sand stealthily and transporting the same from Rajolli to Hyderabad unauthorizedly without permit. It is stated that the driver was released on bail and the owner of the vehicle filed this Writ Petition for release of the vehicle. Petitioner is not questioning the registration of the crime number but simply seeks to declare the action of the Station House Officer, Makthal Police Station, Mahabubnagar District in seizing the said vehicle as illegal. The matter is pending before the Judicial First Class Magistrate at Narayanpet in Crime No. 62 of 2010 and the allegations made in the FIR about the stealthily carrying the sand is a matter of investigation by the respondents. However, in so far as the release of the vehicle is concerned, the petitioner has got an effective alternative remedy to approach the concerned magistrate for release of the vehicle. Therefore, I am of the opinion that the Writ Petition is not maintainable and the same is dismissed. Liberty is given to the petitioner to approach the concerned Court of Judicial First Class Magistrate, for release of the vehicle. There shall be no order as to costs. ________________ V.ESWARAIAH, J Date: 12-05-2010 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies