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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
LALITHA KANNEGANTI, J.
Javvadi Venkata Narayana Narayana – Appellant
Vs.
State of Andhra Pradesh – Respondent
Criminal Revision Case No. 617 of 2021
Decided On : 05-11-2021
Criminal Procedure Code, 1973 - Sections 451, 457, 397 & 401 - Indian Penal Code, 1860 - Sections 406 and 420 read with 34 - Andhra Pradesh Minor Mineral Concession Rules, 1966 - Punishment for criminal breach of trust - Cheating and dishonestly inducing delivery of property - Offences and Penalties - Receiving credible information about illegal transportation of sand - Petitioner in brief is that two lorries, were seized in connection for offences punishable under Sections 406 and 420 read with 34 of Indian Penal Code, 1860 on allegation that, on receiving credible information about illegal transportation of sand while Police were conducting vehicle check, they stopped the subject vehicles which were coming and on verification Police found that on instructions of owner of the vehicles, sand which is to be dumped at one place is being transported to be dumped elsewhere for higher price - When a particular G.O is issued covering penalties and other procedure for the offences, police are applying different yardsticks by relegating some to the Court for other before the authorities. (Para 8).
Findings of Court : It is clear that by way of aforesaid G.O. provisions are made for dealing with offences committed with regard to sale/transportation of sand illegally, seizure of vehicle and amount of penalty to be paid by person/owner of vehicle, for release of crime vehicle - Further it is also clear that where a vehicle is involved in any violation for more than two times, show cause notice is to be issued to person/owner from whom vehicle/machinery is seized and immediately take steps by preparing seizure report and produce vehicle/machinery before Competent Court to enable person/owner from whom vehicle/machinery is seized, to file an application under Section 451 of Criminal Procedure Code (Cr.P.C) for release of vehicle/machinery - Inspite of said provisions contained in above G.O. petitions are being filed before Courts below for release of vehicles and Court are redirecting petitioners to approach Assistant Director of Mines and Minerals for fixation of penalty besides imposing condition of executing personal bond - This is nothing but making process too technical and complicated - Whenever a vehicle is involved in offence as covered under this G.O., procedure contemplated under said provisions shall have to be followed and when authorities observe that any vehicle is involved in such offence for more than two times, procedure contemplated under clause 16(g) of said G.O. is to be followed and in that case, accused can file an application seeking interim custody of vehicle before appropriate Court.
Result : Criminal Revision allowed.
ORDER:
This criminal revision case is filed under Sections 397 & 401 of Criminal Procedure Code, 1973 (for short “Cr.P.C”) with a prayer to modify the condition i.e. “… to execute self-bond for Rs.10,00,000/- with one surety each or Rs.5,00,000/- with two sureties each to the satisfaction of the Court for each vehicle (totally Rs.20,00,000/- worth for two lorries)”, imposed in order dated 19.08.2021 passed in Crl.M.P.No.491 of 2021 in Crime No.246 of 2021 on the file of I Additional Judicial Magistrate of First Class, Bhimavaram.
2. The case of the petitioner in brief is that two lorries bearing Nos.AP 37 TJ 3255 and AP 37 TJ 1545, were seized in connection with crime No.246 of 2021 registered by Palakoderu Police Station, West Godavari District for the offences punishable under Sections 406 and 420 read with 34 of the Indian Penal Code, 1860 (for short ‘IPC’), on the allegation that on 30.06.2021, on receiving credible information about illegal transportation of sand while Police were conducting vehicle check, they stopped the subject vehicles which were coming from Veeravasaram to Bhimavaram side and on verification Police found that on instructions of owner of the vehicles, sand which is to be dumped at one place is being transported to be dumped elsewhere for higher price. Pursuant to registration of crime, the petitioner who is arrayed as A3 in the above crime and owner of the subject vehicles has approached the Court for interim custody of the vehicles and while granting interim custody of the vehicles, the Court below has imposed the above condition in addition to payment of penalty fixed by the Assistant Director of Mines and Minerals as per G.O.Ms.No.71 dated 04.09.2019. Aggrieved by the same, petitioner is before this Court.
3. Heard Sri Mangena Sree Rama Rao, learned counsel for the petitioner and learned Assistant Public Prosecutor for respondent-state.
4. Learned counsel for the petitioner submits that the State of Andhra Pradesh has issued G.O.Ms.No.71 dated 04.09.2019 with regard to sand transportation and its regulation and clause 16 of the said G.O. speaks about the guidelines for dealing with transportation and excavation of sand illegally and also prescribed penalties to be collected from the owners of respective vehicles. He submits that the Court below erred in imposing a condition of petitioner executing self-bond for Rs.10,00,000/- with one surety each or Rs.5,00,000/- with two sureties each to the satisfaction of the Court for each vehicle (totally Rs.20,00,000/- worth for two lorries) while granting interim custody of the vehicles. He further submits that this Court, in several cases had directed the authorities to release the vehicles on payment of penalty and in some cases owners were directed to approach the trial Court for return of the vehicles and such vehicles were returned on payment of penalty fixed by the department or on furnishing security and there will not be two conditions but the Court below has imposed two conditions. He submits that as per G.O.Ms.No.71 issued by the Government, in cases of illegal transportation of sand, authorities were given power only to collect fine amount as prescribed in the said G.O., but Police are illegally registering crimes in this regard. He further submits that while allowing petition filed under Section 457 Cr.P.C. Courts have power to impose conditions, but such conditions should not be unreasonable and burdensome. He submits that the condition imposed in this case is an erroneous one. Hence, prays to set aside the order under revision.
5. On the other hand, learned Assistant Public Prosecutor submits that two vehicles were involved in this crime and the Court below was right in imposing said condition. Hence, the order under revision does not warrant interference of this Court.
6. Heard learned counsel on either side and perused the material on record.
7. The Government has issued G.O.Ms.No.71 dated 04.09.2019 by amending Andhra Pradesh Minor Mineral Concessi
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