The writ petitioner is the owner of Tractor and Trailer bearing Nos.TS01U2514 (amended as per orders in I.A.No.3 of 2018, dt.21.02.2018)and AP01Y0256. The respondents are the State represented by its Principal Secretary, Forest Department, the Divisional Forest Officer(for short, the DFO), of Sirpur, Khagaz Nagar Division, the Forest Range Officer, (for short the FRO) Sirpur, Khagaz Nagar Division and the R.4-Chief Wild Life Warden of Telangana Forest Department, Hyderabad added as per the orders in I.A.No.2 of 2018,dt.19.02.2018.

2. The prayer in the writ petition reads as follows:-

To issue a writ order, or direction more particularly one in the nature of writ Mandamus declaring the action of the 2nd respondent not releasing the petitioner vehicle i.e. Tractor bearing No. TS 01 UB 2514 and Trailor bearing No.AP 01 Y 0256 (amended as per orders in I.A.No.3 of 2018, dt.21.02.2018) were ceased in POR No.1852 of 158, dt.30.11.2017 by the 3rd respondent, as interim custody to the petitioner as being illegal, arbitrary and contrary to law and violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release the Tractor and Trailer bearing No. TS 01 UB 2514 and Trailor bearing No.AP 01 Y 0256 in favour of the petitioner and pass such other order or orders.

3. The supporting affidavit averments are that the petitioner engaged a driver for running the Tractor and Trailer supra and he came to know that those were seized by the FRO-R.3 supra by registering crime No.POR 1852/158,dt.30.11.2017 showing one K.Mallesh as A.1 and the driver of the vehicle of the petitioner G.Suresh as A.2, for the offences punishableu/secs.20(i)(ii), Sec.44,52 r/w 58 of A.P.Forest Act, 1967 (for short, the APF Act) u/sec.9 r/w 2(16), 39,50 r/w 51 and 57 of Wild Life (Protection) Act, 1972 (for short, WLP Act).The main allegation is that A.1 hunted a wild Boar and thereafter with the help of A.2 transported the meat on the Tractor as passenger in white bag and R.3 seized the same with the vehicle. The Writ Petitioners contention is that he is innocent and not connected with the crime. He made an application to the DFO-R.2 for interim custody of the vehicle to eak out his livelihood there from, else the vehicle will be rusted and damaged if kept idle. However, the 2nd respondent rejected the interim custody application of the vehicle to the writ petitioner/owner and the writ petitioner therefrom filed a petition before the learned Judl. Magistrate of First Class, Sirpur for release of the vehicle and the same was returned for want of jurisdiction referring to judgment of this Court in A.Satheesha Vs. State of A.P.,2015 (1) ALT(Crl) 173 It is further averred that the petitioner is no way connected with the allegations in the crime registered against the vehicle driver and the driver without knowing the contents of white bag permitted the other person as passenger and thereby the seizure of the vehicle of the petitioner is unsustainable and he has no other alternative and constrained to file the writ petition.

4. Heard the learned counsel for the petitioner and the learned Govt. Pleader for Forest for respondents 1 to 4 supra and perused the material on record including the provisions of law.

5. As referred supra, the case registered is for the offences u/sec. 20(i)(ii), Sec.44,52 r/w 58 of APF Act, u/sec.9 r/w 2(16), 39, 50 r/w 51 and 57 of WLP Act. Thus, it is an offence not only under A.P.Forest Act but also under Wild Life Protection Act. The proceedings of R.3-FRO shows from the remand report of A.1 and A.2 supra produced before the JFCM, for judicial custody are that on 30.11.2017at 4.30a.m. when staff of Kagaznagar Range proceeded to Camp No.119 of Mandwa beat of Ankoda Section of Kaghaz Nagar Range i.e. Gannaram Village Sivar, and seen the accused persons 1 and 2 on the Tractor propelled with Trailer and on seeing them, in the suspicious manner that the A.1 K.Mahesh, traveling in the Tractor driven by A.2 G