APHC010465852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 23582 OF 2025 Between: Attar Rafiulla, S/o Jabbar, Aged about 42 years, Occ MDU Operator, Resident of Raja Street, Kalakada Town, Kalakada Mandal, Annamayya District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Forest, Secretariat, Velagapudi, Amaravathi. 2. The Sub Divisional Forest Officer, Madanapalli, Annamayya District. 3. The Inspector of Police, RSASTF (Red Sanders Anti Smuggling Task Force) Police Station, Tirupati, Tirupati District. 4. The Authorised Officer cum District Forest Officer, Rajampet, Annamayya District. 5. The Forest Range Officer, Sanipaya Range, Annamayya District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the 2ND respondent in passing the order of confiscation through its proceedings Rc.No.Crime No.76/2024-25/Mpl, 4 dated 04-07-2025 basing on the documentary evidence produced by the 3RD respondertt in seizing the vehicie Maruthi Ciaz Car bearing Registrabon No. ■ AP02 BR 6467 in respect of Crime No.76 of 2024 on the trie of Red Sanders Stnuggiing Task Force (RSASTF), Poiice Station. Tirupati. Tirupat, without following th© Anti District, though there is no seizure of forest produce violation of principles of consequently direct the 5TH procedure is illegal, arbitrary, unconstitutional and natural justice, set aside the same and vehicle Maruthi Ciaz Car bearing to forthwith release the respondent Registration No. AP02 BR 6467 to the petitioner. NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 5th respondent to grant interim custody of the vehicle Maruth, Caz BR 6467 to the petitioner seized in of Red Sanders Anti Smuggling Task No. AP02 Car bearing Registration respect of Crime No.76 of 2024 the file Force (RSASTF), Police Station, Tirupati, Tirupati District, pending disposa o the Writ petition before this Honourable court. Counsel for the Petitioner: SRI VUTUPALLI RAJANNA Counsel for the Respondent Nos. 1.2,4 and 5; GP FOR FORESTS Counsel for the Respondent No. 3: GP FOR HOME The Court made the following order: APHC010465852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Thursday, the eleventh day of September, two thousand and twenty five Present The Honourable Ms. Justice B. S. Bhanumathi Writ Petition No.23582 of 2025 Between: Attar Rafiulla ...Petitioner and The State of Andhra Pradesh and Others ...Respondents Counsel for the Petitioner: I.Vutupalli Rajanna Counsel for the Respondents: 1.G.P. for Home 2. Ms. Baliboyina Sravani, learned G.P for Forests The Court made the following: 2 BSB, J W.P.No.23582 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking to issue writ or direction especially one in the nature of writ of Mandamus declaring the action of the 2'"'* respondent in passing the order of confiscation vide proceedings R.C.No.Crime No.76/2024- 25/Mpl, dated 04.07.2025, without following due process of law is illegal, arbitrary and unconstitutional besides violation of principles of natural justice and set aside the same with a consequent direction to the 5'^ respondent to forthwith release the vehicle bearing No.AP 02 BR 6467 to the petitioner. The case of the petitioner is briefly as follows; On a complaint given by the 3'^^ respondent, a case was 2. a. registered against the petitioner and others in Crime No.76 of 2024 on the file of R.S.A.S.T.F (Red Sanders Anti Smuggling Task Force) Police Station for the offences punishable under Sections 49, 61(2) of B.N.S., Section 20(10(d)(i)(a) read with 20(1) (c)(ii) of the A.P Forest (Amendment) Act, 2016 with an allegation of conspiracy etc., to cut red Sander trees on 24.09.2024 at about 3 a.m., in the reserve forest on northern side of Venugodlavandlapalli metal road, Sanipai Forest Beat In the said and Section, T.Sundupalli Mandal, Annamayaya District, the vehicle of the petitioner was seized by the 3'^^ respondent case without any basis. The petitioner is working as M.D.U. operator in the Civil Supplies Department, Kakinada and is the owner of the car bearing N0.APO2 BR 6467. He is using it for his personal purpose. It was purchased by obtaining loan from Shriram Finance Limited. The instalments since 05.10.2023. On petitioner has been paying 23.09.2024, one of the relatives of the petitioner intended to go to Chittoor and took the car of the petitioner. The petitioner gave the car to 3 BSBJ W.P.No.23582 of 2025 Sri Shaik Yousuf. He returned from Chittoor to Kakinada and crossed Toll Plaza at Durgam village by 17.41 hours. The police stopped the vehicle under suspicion and took it away along with Shaik Yusuf to Tirupati and directed him to bring the owner of the car. rd The 3 respondent, for convenience, has shown the petitioner as absconding from the scene of offence and foisted the case. The 3'"^ respondent has not secured any independent witness, and no forest produce was seized from the car of the petitioner. The case was foisted only for statistical purpose with false allegations and the car was seized. As such, the petitioner is unable to pay the instalments. The 2"'^ respondent issued notice under Section 44 (2-B) of the A.P. Forest Act, 1967 (for short, ‘A.P.F. Act‘) vide Crime No.76 of 2024/RSASTF P.S, TPT, dated 20.05.2025 and passed a final order on 04.07.2025 by confiscating the vehicle under Section under Sections 49, 61(2) of B.N.S., Section 20(1)(d)(i)(a) read with 20(1) (c)(ii) of A.P Forest (Amendment) Act, 2016. The petitioner filed a petition seeking interim custody of the vehicle. The 3'^^ respondent seized the vehicle and surrendered it to the 5“" respondent. If the car is kept in their custody without any use, it gets damaged. The petitioner is ready to furnish third party security and produce the vehicle as directed by the Court, and the petitioner would not make any changes to the vehicle and maintain in its original condition. b. 3. The learned counsel for the petitioner submitted the same as noted above. 4. Ms. Baliboyina Sravani, learned Assistant Government Pleader for Forests opposed the petition submitting that as against the order passed under Section 44 (2-A) of the A.P.F.Act, a revision lies before V* 4 BSB, J W.P.No.23582 of 2025 the Conservator of Forests, Tirupati Circle, Tirupati, and an appeal lies before the District Court, Annamayya District within thirty (30) days from the date of issue of order impugned and the same was also communicated at the end of the impugned order itself and therefore, the writ petition does not lie. She further submitted that it is incorrect to represent that there was no contraband seized from the vehicle. She further submitted that a group of vehicles were involved in the offence and the vehicle was used for carrying coolies to cut trees of red sander and tools, saws etc., were found in one of the vehicles and the vehicles were used to carry coolies, but, the offence was averted before the trees were cut. She further submitted that the authority which passed the impugned order is competent to pass such order of confiscation and therefore, the petition is liable to be dismissed. She further submitted that in case of release of the vehicle, it may be re-used for of the commission of the offence. r 5. In reply, the learned counsel for the petitioner submitted that when there is deviation in the procedure, a writ petition would lie and in this regard, he submitted that since no material involved in forest offence was recovered from the vehicle, it is illegal to seize and confiscate the vehicle and therefore, the writ petition was filed. 6. Sections 44 (2-A) and 44 (2-E) of the A.P.F. Act read as follows: “(2-A) : Where, an authorised officer seizes under sub section (1) any timber or forest produce or where any such timber or forest produce is produced before him under sub-section (2) and he is satisfied that a forest offence has been committed, in respect thereof, he may order confiscation of the timber or forest produce so seized or produce together with all tools, ropes, chains. 5 BSB, J W.P.No.23582 of 2025 boats or vehicles committing such offence. machinery and cattle used iin (2-E) ; Any person aggrieved by an order passed under sub-section (2-A) or sub-section (2-D) days from the date of may, within thirty communication to him of such order, appeal to the District Court having jurisdiction the area in which the property has been over seized, and the District Court shall after giving an opportunity to the parties to be heard and the order of the District Court pass such order as it may think fit so passed shall be final. 7. Admittedly, this order Act itself provides remedy against such was passed under Section 44 (2-A) and the an order under Section 44(2-E). The petitioner, without availing statutory remedy, filed this writ petition challenging the correctness of the order passed under Section 44 (2-A) Therefore, the writ petition is disposed of giving iiberty to the petitioner to avail appropriate remedy per Section 44 (2-E) of the A.P.F. Act as within one week from the date of i thereafter, the concerned authority shall dispose of the weeks. receipt of a copy of this order and case within two There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, T The Principal Secretary, Department of Forest, Pradesh, Secretariat, Velagapudi 2. The Sub Divisional Forest Officer State of Andhra , Amaravathi. Madanapalli, Annamayya District. X5 3. The Inspector of Police, RSASTF (Red Sanders Anti Smuggling Task Force) Police Station, Tirupati, Tirupati District. 4. The Authorised Officer cum Annamayya District. 5. The Forest Range Officer, Sanipaya Range, Annamayya District. One CC to Sri. Vutupalli Rajanna Advocate [OPUC] Two CCs to GP for Home High Court of Andhra Pradesh [OUT] Two CCs to GP for Forests High Court of Andhra Pradesh [OUT] Two CD Copies GSC District Forest Officer, Rajampet, 6. 7. 8. 9. HIGH COURT DATED:11/09/2025 ORDER WP NO. 23582 OF 2025 - 15 SEP 2025 IfJ ^ Current Secuon ^ DISPOSING THE WP WITHOUT COSTS