THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.3616 of 1999 ORDER: This Writ Petition is filed against the official memo, dated 18.02.1999 passed by the Court of Additional Judicial First Class Magistrate, Kothagudem. The petitioner spotted lorry, bearing No.AP 10 T 4579, owned by the first respondent with timber in it. After chasing it for about one kilometre, he along with his staff members, stopped the lorry. On finding that it was loaded with teak, the petitioner effected seizure of the lorry, together with timber and registered a case against the first respondent, who is said to be owner-cum-driver and three others vide POR No.2/107-98 dated 07.01.1999. Offenders were also taken into custody. The first respondent approached the Court of Additional Judicial First Class Magistrate, Kothagudem, for release of the vehicle and through the impugned official memo, the trial Court directed the release of the lorry. The same is challenged in this Writ Petition. It is pleaded that once a vehicle is seized and proceedings under Section 44 of the A.P. Forest Act, 1967 (for short ‘the Act’), are initiated, the criminal Court has no jurisdiction to direct release of any vehicle. Heard learned counsel for the petitioner and learned Government Pleader for Forests and none appeared for the first respondent. This Court held repeatedly that Section 44 of the Act is comprehensive in nature and once proceedings are initiated under that provision, the criminal Court has no jurisdiction to interfere. In case the first respondent wanted the release of the lorry, the only course open to him was to approach the authorized officer. The proceedings before the criminal Court were totally without jurisdiction. While admitting the Writ Petition, this Court suspended the impugned order on 24.02.1999 . By this time, the proceedings before the authorized officer may have been concluded. Even otherwise, the first respondent has to await the result thereof. The Writ Petition is allowed and the impugned official memo is set aside. There shall be no order as to costs. ____________________ Dt.05.12.2008 L.NARASIMHA REDDY, J GJ