HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.9163 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 the tractor engine bearing No.AIV 8593 and trailer bearing No.AP 31 TW 0064, on 29.03.2011. A perusal of letter, dated 29.03.2011, addressed by the first respondent-Sub-Inspector of Police, S.Rayavaram Police Station, Visakhapatnam, to the third respondent– Assistant Director of Mines and Geology, Anakapalli, Visakhapatnam, reveals that on receipt of credible information about illegal transportation of sand, the Police proceeded to Varaha river at Peda Uppalam Village and found that sand is being loaded into the aforesaid tractor and trailer 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 the tractor engine bearing No.AIV 8593 and trailer bearing No.AP 31 TW 0064 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 first respondent. It is to be noticed that though the aforesaid vehicle was seized on 29.03.2011, 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 the tractor engine bearing No.AIV 8593 and trailer bearing No.AP 31 TW 0064 was seized earlier also, I deem it appropriate to direct the respondents to release the tractor engine bearing No.AIV 8593 and trailer bearing No.AP 31 TW 0064 to the petitioner on his depositing a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) before the third 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