HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.5881 of 2010 15th March 2010 Between: R.T.Laxmikantha Reddy … Petitioner and The Government of Andhra Pradesh, rep. by its Principal Secretary, Transport Department, Secretariat, Hyderabad and others … Respondents. HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.5881 of 2010 ORDER: Heard Sri S.D.Goud, learned counsel for the petitioner, and the learned Government Pleader for Transport appearing for the respondents. At their request, the writ petition is being disposed of at the stage of admission. The petitioner is the owner of a J.C.B. Class Vehicle bearing Registration No.AP-02-S-3477 registered on 13.03.2008. The 3rd respondent stopped the vehicle on 27.02.2010 at about 8.55 PM at Rayadurg and in his Check Report observed that the Driver did not produce the Registration Certificate, Insurance Certificate and Driving Licence. On these grounds, the vehicle was seized and kept in the Depot of Andhra Pradesh State Road Transport Corporation at Rayadurg for safe custody. The petitioner claims to have submitted an application on 09.03.2010 which, according to him, was refused to be received by the respondents herein. He would contend that since the fine which can be imposed, under Section 181 of the Motor Vehicles Act, 1988 (for short – ‘the Act’), is only Rs.500/- and for other violations the prescribed fine is only a maximum of Rs.100/-, it was wholly inappropriate for the respondents to seize the vehicle. Under Section 207(2) of the Act where a motor vehicle has been seized and detained under sub-section (1), the owner or person in charge of the motor vehicle may apply to the transport authority or any officer authorized in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order release the vehicle subject to such conditions as the authority or officer may deem fit to impose. Rule 448-B of the Andhra Pradesh Motor Vehicles Rules, 1989 (hereinafter referred to as – ‘the Rules’), deals with the procedure to be followed with regard to an application to be made under Section 207(2) of the Act. A Division Bench of this Court in SALEEM TOURS & TRAVELS VS. JT. TRANSPORT COMMR., R.T.A., HYDERABAD[1] held that a vehicle, plying in breach of the conditions of the permit as regards the purpose of usage of the vehicle, can be seized under Section 207 of the Act; the vehicle so seized cannot be detained for an unduly long time and, on an application filed by the vehicle operator or the owner, the vehicle should be released with expedition subject to stipulation of conditions to ensure non-alienation of the vehicle and the production of the vehicle in connection with the enquiry; such conditions would include furnishing of cash security of a reasonable amount which could be adjusted later on towards compounding fee or tax if any demanded; the vehicle should be released within a reasonable time i.e. within three days from the date of receipt of the application; and, in case the vehicle was not so released or the conditions imposed for its release were onerous, resort could be had to the remedy under Article 226 of the Constitution of India. Following the judgment of the Division Bench in SALEEM TOURS & TRAVELS case (1 supra), and in view of the submission of Sri S.D.Goud, the learned counsel for the petitioner, that a fresh application, under Section 207(2) of the Act, will be made within two days from today, the petitioner is permitted to file an application afresh before the 2nd respondent within two days from today for release of the vehicle in question. In case the petitioner files such an application, after complying with the conditions prescribed in Rule 448-B, the 2nd respondent shall, within three days of receipt of the application, pass appropriate orders in accordance with law for release of the vehicle in question. The 2nd respondent may impose reasonable conditions for the release of the vehicle. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN,J 15th March 2010 Note: Issue copy by 17.03.2010 B/o CVRK [1] AIR 2000 ANDHRA PRADESH 497