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GANNAMANENI RAMAKRISHNA PRASAD
Sana Srihari Reddy S/o Sriramulu Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. Heard Sri Y. Koteswara Rao, Learned Counsel for the Writ Petitioner and Sri G. Sravan Kumar, Learned Assistant Government Pleader for Forest.
2. Petitioner is the owner of the Lorry (Ashok Leyland) bearing No. AP 26 TB 2345. The driver of the Lorry, one Thupakula Mahendra was operating for transportation of rice from Nellore to Chennai port. On 10.01.2022, the Vehicle was loaded with rice at Baba Rice Mill, Nellore for the onward transportation to Chennai port. On 11.01.2022, at about 23.15 hours, when Sullurpet Police checked the Vehicle at Holy Cross Circle, they found 11 bags of sandal wood along with rice bags and the Sullurpet Police registered FIR No. 3 of 2022 as against three (3) persons. Two persons out of the three were the drivers of the lorry that belongs to the Petitioner. It is also stated that in the confession statement given by the lorry driver (Accused in the FIR), he had clearly stated that he and others have indulged in transportation of 11 bags of sandal wood to Chennai for gain and that the same was done without the knowledge and consent of the owner. Admittedly, the instant Writ Petitioner is not arrayed as an accused in the FIR. The Forest officials
The court allowed the use of immovable property as security for the release of the confiscated vehicle under Section 22-A (1) (e) of the Registration Act, 1908.
The court affirmed that a vehicle seized for forest offences cannot be released until all proceedings are concluded, reinforcing compliance with the Indian Forest Act.
The requirement for a bank guarantee in interim custody for vehicles seized under the Kerala Forest Act is onerous and not warranted when transporting sand.
Once a vehicle is proved to be used in the commission of a forest offence, the onus of proof shifts to the owner to prove lack of knowledge or connivance, and strict compliance with the A.P. Forest A....
The legality of the seizure of the vehicle under the Kerala Forest Act and the requirement of simultaneous seizure of contraband articles were the central legal points established in the judgment.
A vehicle seized for illegal transport may have its security conditions amended based on alternate security submission without retaining the title deed.
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