THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.31933 OF 2011 O R D E R: This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the respondents in seizing the New Mahindra Alpha Auto with registration bearing No.AP20TB 2549 in respect of POR 15/30 dated 27.11.2011, O.R.No.108/2011-12/Kvm, dated 27.11.2011, under Sections 29, 4(a)(II) and 44 of Andhra Pradesh Forest Act, 1967 and violation of Andhra Pradesh Forest Produce Transit Rules, 1970 though the vehicle was not involved in Forest offence as illegal and arbitrary. 2. The brief facts that are necessary for disposal of the present writ petition may be stated as follows: The petitioner is resident of Regulapadu Village, Kunavaram Mandal. He purchased new Mahindra Alpha Auto with the help of Mahindra & Mahindra Auto Finance Services Limited, Kothagudem on instalment basis and temporary registration number was given as AP20TB 2549 on 15.11.2011. He was transporting passengers from Regulapadu to Chintur and Kunavaram and vice versa. He engaged a driver for transporting the passengers. While so, on 27.11.2011, after completion of the trips in the evening, he parked the vehicle at his residence at Regulapadu. At about 10 p.m., two persons came to his residence, woke him up and asked to provide auto service to reach Bhadrachalam, which is nearly 75 kms away from Regulapadu, on payment of rent. They stated that they along with others came in a Bolero vehicle for purchase of cotton and they purchased the cotton and loaded in the Bolero vehicle. It was informed to him that they came in two motor cycles in addition to the Bolero and since the motor cycles were punctured and Bolero vehicle was filled with cotton, they requested the petitioner to provide auto service to reach Bhadrachalam. When they accepted his tariff, he requested his driver to leave them at Bhadrachalam and accordingly, three persons engaged his auto service. At about 12’ o clock, he received a phone call from his driver that the forest officials seized Bolero Vehicle bearing No.AP 24 TA 1506 and found 17 teak logs in Bolero under cotton and thinking that his vehicle was escorting for Bolero, they have seized his vehicle. One Palasani Rami Reddy and Dheeravath Sudhakar were arrested and both of them admitted about the transportation of timber in Bolero. POR Cases were booked for the forest offence and they were remanded and subsequently, released on bail. Before seizing the vehicle, panchanama was conducted on 27.11.2011, which proves that the material was found only in Bolero vehicle. Only on the presumption that the petitioner’s Auto was being utilized as escort, his vehicle was seized. When the vehicle of the petitioner was not used for transporting the material, the question of seizing the vehicle does not arise. As the vehicle was seized and kept under the custody of the Forest Range Officer, his entire family is suffering and hence, requested the respondents for release of the vehicle but of no use. Hence, the present writ petition. 3. Learned counsel for the petitioner contended that even though no forest produce is found in the auto belonging to the petitioner, the same was seized and hence, he prays to direct the respondents to release the said vehicle. 4. On the other hand, learned Assistant Government Pleader for Forest contended that police registered a case against the owner of the Bolero; that the auto of the petitioner was seized and the seizure was reported to the concerned Magistrate and hence, the writ petition is not maintainable. 5. Admittedly, case in POR No.15/30 dated 27.11.2011, O.R.No.108/2011-12/Kvm was registered against Palasani Rami Reddy and Dheeravath Sudhakar. The petitioner is not an accused in the said crime. However, the seizure of auto as well as the Bolero vehicle was reported to the concerned Magistrate in the remand report, dated 28.11.2011. Even though seizure of the vehicle is not reported to the concerned Magistrate, the Magistrate gets jurisdiction to pass appropriate orders under Section 457 of the Criminal Procedure Code, 1973. Therefore, the petitioner is directed to approach the concerned Magistrate for release of the vehicle. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 09th December, 2011 Note:- Furnish C.C. within three days. B/O AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.31933 OF 2011 Date:09.12.2011 AMD