THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.30337 OF 2011 ORDER: 1. This Writ Petition is filed seeking Writ of Mandamus declaring the action of the respondent in not releasing the petitioner’s vehicle EICHER bearing No.MP 09 GE 0672 seized in respect of DOR.No.10/2010-11 on the file of the respondent, as illegal and arbitrary. 2. The brief facts, which are necessary for disposal of this Writ Petition, are as under. The petitioner is the owner of the vehicle and entrusted it to the driver as per the lease given by the contractors. He sent his vehicle for loading Mirchi and Tomato to Vijayawada. Thereafter, the driver took the vehicle to Kandichenu for loading and loaded Red Sandal logs. The forest officials seized the vehicle for illicit transportation of Red Sandal logs without valid permit and registered a case in DOR.No.10/2010-11 against the petitioner for transporting red sandal logs. The petitioner and another were produced before the Judicial First Class Magistrate, Giddalur. They were remanded to judicial custody for a period of 14 days. 3. The case of the petitioner is that he was not aware of transporting red sandal logs and he has given specific instructions to the driver not to carry any illegal things. 4. That aspect has to be decided by the Magistrate concerned if the vehicle is produced before him. The Magistrate concerned has got discretion to pass orders under Section 451 of the Code of Criminal Procedure, 1973 {Cr.P.C.}. Even if the vehicle is not produced, the Magistrate has got jurisdiction under Section 457 Cr.P.C. to pass orders, as the seizure of the vehicle was reported. 5. Hence, the Writ Petition is disposed of directing the petitioner to file necessary application before the Magistrate concerned and thereafter, the Magistrate shall pass appropriate orders in accordance with law. No costs. _____________ (K.C.BHANU, J) 16th November 2011 RRB