THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.7168 OF 2010 Dated 30th March, 2010 Between: Anil Kumar Yadav …Petitioner And The Government of A.P and another …Respondents Counsel for the petitioner : Sri Gade Venkateswara Rao Counsel for the respondents: G.P for Forests The Court made the following ORDER: This writ petition is filed for a Mandamus to declare the action of the respondents in detaining lorry bearing No.MP 20 HB 0787 as illegal and arbitrary. In the view this Court is proposing to take, it is not necessary to refer in detail the facts of the case. It will suffice to note that the lorry laden with beedi leaves was detained by respondent No.2 at Palamaner check post on the ground that the date in the permit was allegedly corrected as ‘29’ in the place of ‘19’. The petitioner, who is the driver of the lorry, denied this allegation and pleaded that the said correction has taken place at the hands of respondent No.2 after the lorry was seized. The learned Government Pleader for Forests submitted that the petitioner executed a compounding statement and that proceedings are required to be finalised on the basis of such a statement. Inasmuch as the consignment being beedi leaves, which are stated to be perishable in nature, it is not desirable to detain the lorry with the goods till such time as the proceedings are finalised. The allegation is that the date in the permit has been meddled with. No other allegations have been made such as the transaction being illicit in nature etc. Therefore, I find it appropriate in the interests of justice to direct respondent No.2 to release the lorry along with the consignment subject to the owner of the lorry furnishing bank guarantee for a sum of Rs.1,00,000/- (Rupees one lakh only) and giving a written undertaking that he will cooperate in the disposal of the enquiry. Ordered accordingly. Respondent No.2 shall release the lorry immediately after the owner of the lorry complies with the above two conditions. The writ petition is accordingly disposed of. As a sequel to disposal of main petition, WPMP No.9249 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 30th March, 2010 Note: Issue C.C in three days vrn