K.Ramesh vs The Revenue Divisional Officer

B. Rajendran, J.—Heard, Mr.C.Prakasam, learned counsel for the petitioner and Mr.K.V. Dhanapalan, learned Additional Government Pleader, who has taken notice on behalf of the respondents.

The petitioner has come up with the present Writ Petition for a direction, directing the first respondent to release the Lorry bearing Registration No.AP-26-X-1611 seized by the Inspector of Police, Arambakkam on 28.08.2014 to the petitioner.

According to the petitioner, he is the owner of the lorry bearing Regn.No. AP-26-X-1611 and the said vehicle is being used for hire purpose. While so, when the driver of the vehicle transported silicon sand on 28.08.2014, the same was seized by the first respondent on the ground that the petitioner transported the same illegally. According to the petitioner, the driver was holding a valid document for the transport of the same. It is the further case of the petitioner that he has no previous case. As the vehicle is exposed to hot sun and weather, the petitioner made a representation on the same day, to release the vehicle. Since there was no action taken by the respondents on the said representation, the petitioner is before this Court.

The learned Additional Government Pleader appearing for the respondents would submit that as the petitioner transported the silicon sand in the said vehicle without any valid permit to transport from Andhra Pradesh, it was seized and taken into custody.

5.Taking into consideration the fact that the vehicle has been detained in the custody of the first respondent and the fact that the petitioner has no previous case and also the fact that earlier, this Court in an identical circumstances has passed an order in W.P. No.18835 of 2009, dated 15.09.2009, this Court is inclined to release the vehicle, however, subject to certain conditions.

Following the earlier orders of this Court in W.P. No.18835 of 2009, dated 15.09.2009, the first respondent is directed to release the vehicle bearing Registration No. AP-26-X-1611, which was seized by him on 28.08.2014 and hand over the same to the petitioner on fulfilling the following conditions:-

i.The petitioner shall establish the ownership of the vehicle by producing necessary documents before the first respondent.

ii.The petitioner shall not encumber or alienate the vehicle in any manner till adjudication is over.

iii.The petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One lakh only) in cash, since it is stated that the petitioner has got valid transport permit for transporting from other State, within a period of two weeks from today before the first respondent.

iv.The petitioner shall also file an affidavit before the first respondent that he will not use the vehicle for any illegal activities in future and also to produce the vehicle as and when required by the first respondent.

v.If the petitioner complies with all the above said conditions, the vehicle shall be released within three days therefrom.

vi.The first respondent is free to proceed further and pass orders after affording an opportunity to the petitioner.

vii.The petitioner shall abide by the final orders of the first respondent.

The Writ Petition is ordered in the above terms. No costs.