Karanam Aswani vs. The State Of Andhra Pradesh

Held

The Court directed respondents 2 and 3 to verify the invoice, waybill, and transit pass furnished by the petitioner. Based on this verification, they are to pass appropriate orders in accordance with the extant Rules regarding the release of the lorry and granite slabs within one week of receiving a copy of the order. The Court also stated that if any excess was found, respondents 2 and 3 are at liberty to collect the penalty as per Clause (iii) of Sub-rule (3) of Rule 26 of the Andhra Pradesh Minor Mineral Concession Rules, 1966. The reasoning is based on the need to verify the petitioner's documentation before making a final determination on the legality of the seizure and the release of the goods. The ratio is that proper verification of documentation is a prerequisite for confiscation or penalty imposition in cases of alleged illegal transportation of minerals.

Facts

The petitioner filed a writ petition challenging the seizure of their lorry (bearing No. AP 39 UF 3389) and granite slabs by the 2nd respondent on February 15, 2023. A case was registered at Martur Police Station under Section 420 IPC and Section 21(4) of the MMDAR Act, alleging transportation of granite slabs without permission or waybill. The value of the seized granite slabs was assessed at Rs. 1,50,000/-. The petitioner contended that they possessed a valid permit, waybill, and invoice, which showed the value of goods including GST as Rs. 2,15,377/-. They also produced an e-waybill and transit pass, requesting the court to direct the respondents to verify these documents and release the lorry.

Key Issues

1. Whether the seizure of the lorry and granite slabs is illegal and arbitrary, requiring their release? (Mixed question of law and fact, concerning the validity of the seizure and the sufficiency of the petitioner's documentation). Petitioner's arguments: The petitioner argued that the seizure was illegal and arbitrary because they possessed valid documents, including an invoice showing the value of goods with GST, an e-waybill, and a transit pass. They requested the court to direct the respondents to verify these documents and release the seized vehicle and goods. Revenue/State's arguments: The judgment does not record any specific arguments made by the revenue or state. The learned Government Pleader for Mines and Geology was heard, but their contentions are not detailed in the provided text.