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. 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 Concession Rules, 1966 and clause 16 deals with offences and penalties. 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 Concession Rules, 1966 and clause 16 deals with offences and penalties. Clause 16 reads thus: (16) Offences and Penalties: The following penal provisions are applicable against the persons who involved in sale/illegal extraction/un-authorized excavation of sand in prohibited areas, trading and selling of sand, charging beyond cost of transportation and excavation, transporting sand without GPS devises, use or usage of machinery and vehicles in unauthorized excavation and transportation of sand to other States. (a) In the case of the vehicles engaged in illegal/un-authorized excavation in the prohibited areas (i.e) within 500 meters from the Ground water structures, Bridges, Dams, Railway lines and cross drainage structures etc.), transporation of sand outside the State and found transporting sand without valid Sand Way bill issued by the Assistant Director of Mines & Geology concerned, shall be penalized as follows: Vehicle type First time Second time Tractor Upto Rs.10,000/- Rs.10,001/- to Rs.20,000/- Lorry fitted with up to 10 tyres capacity Upto Rs.25,000/- Rs.25,001/- to Rs.50,000/- Lorry fitted with above 10 tyres Upto Rs.50,000/- Rs.50,001/- to Rs.1,00,000/- Machinery Upto Rs.50,000/- Rs.50,001/- to Rs.1,00,000/- (b) Any vehicle transporting sand, if found, carrying sand in excess of the quantity specified in the Sand Way bill OR in excess of quantity permitted by the Transport Dept., penalty shall be levied on such excess quantity @ Rs.2,000/- per MT. (c) Any vehicle transporting sand, if found, without installing GPS devises, shall be considered as illegal transportation of sand and the penalty shall be levied on the total quantity of sand available in the truck @ Rs.2,000/- per ton. (d) Whenever any person extracts sand or has extracted sand in the areas other than those notified for lawful excavation, the officer authorized under sub-rule 16(f) of Rule 9-B shall assess such quantity of sand and levy and collect @ Rs.2,000/- per ton of sand or Rs.2.00 lakhs, whichever is higher, as penalty. (d) Whenever any person extracts sand or has extracted sand in the areas other than those notified for lawful excavation, the officer authorized under sub-rule 16(f) of Rule 9-B shall assess such quantity of sand and levy and collect @ Rs.2,000/- per ton of sand or Rs.2.00 lakhs, whichever is higher, as penalty. (e) If any stock of sand beyond a person’s reasonable requirement is stocked/hoarded/black marketed/sold, it shall be seized by the officer authorized under sub-rule 16(f) of Rule 9-B. The person shall be penalized as per sub-rule 16(d) of Rule 9-B. (f) Officers authorized to levy, collect penalties and seizure of vehicles from the persons involved in illegal mining/stocking/ hoarding/selling/black marketing in the State authorized under these rules are as follows: (i) District Collector (concerned) (ii) Joint Collector (concerned) (iii) Superintendent of Police (concerned) (iv) Additional Superintendent of Police/OSD (concerned) (v) Sub-Collector/Revenue Divisional Officer (concerned) (vi) Tahsildar (concerned) Mandal (vii) Sub-Divisional Police Officer (concerned) (viii) Station House Officer (concerned) (ix) District/Divisional Panchayat Officer (x) Deputy Director of Mines and Geology (concerned) (xi) Assistant Director of Mines and Geology (concerned) (xii) Any other officer nominated by Dist. Collector (concerned) g) The vehicle/machinery, found involved in any violation more than two times, such vehicle/machinery along with sand shall be seized by officers authorized in sub-rule 16(f) of Rule 9-B duly following the procedure as under: (i) Issue show cause notice to the person/owner from whom the vehicle/machinery is seized. (ii) Immediately take steps by preparing seizure report and produce the vehicle/machinery before the Competent Court to enable the person/owner from whom the vehicle/machinery is seized to file an application under Section 451 of Criminal Procedure Code (Cr.P.C) for release of vehicle/machinery. (iii) In the alternative, the person/owner from whom vehicle/machinery is to be seized shall be permitted to submit explanation to the show cause notice along with an application to the authorized officer seeking release of vehicle/machinery. (iii) In the alternative, the person/owner from whom vehicle/machinery is to be seized shall be permitted to submit explanation to the show cause notice along with an application to the authorized officer seeking release of vehicle/machinery. (iv) Upon receipt of explanation to the show cause notice and the application for release of vehicle/machinery, the authorized officer shall consider the application and pass appropriate orders in accordance with law, within a period of two weeks there from, on production of security of Rs.25,000/- in case of tractor; Rs.1,00,000/- in case of vehicle upto 10 tonnes capacity; Rs.1,50,000/- in case of vehicle above 10 tonnes capacity and Rs.2,00,000/- for any machinery, in the form of Demand Draft drawn in favour of the authorized officer along with an affidavit/undertaking to produce the seized vehicle/machinery as and when required. (v) The fine paid as per the orders of Competent Court; the security furnished as per clause (iv) above shall be deposited in the head of account ‘0853 -102 -81 – other receipts’ and the original challan shall be sent to the Assistant Director, of Mines and Geology concerned. (h) Disposal of seized sand illegally stored: (i) The Tahsildar (or) the officers nominated by Tahsildar at Mandal level; Sub-Collector/Revenue Divisional Officer (or) the officers nominated by the Sub-Collector/Revenue Divisional Officer at Divisional Level; the Joint Collector/the District Collector (or) the Officers nominated by the Joint Collector/the District Collector at District Level shall seize illegal sand stocks. (ii) Such seized sand shall be disposed of by concerned Tahsildar/SubCollector /RDO or any officer nominated by District Collector with the approval of the District Collector & Chairman of the District Level Sand Committee (DLSC) at the sale price as adopted and sale proceeds shall be remitted to the Government treasury. (iii) The Sand Way bill for the seized sand shall be issued by the Asst. Director of Mines & Geology concerned in Form-S3. (i) M/s. Andhra Pradesh Mineral Development Corporation Ltd. being the agent, shall be penalized for any extraction of sand beyond the specified area beyond the specified limits or in excess of thickness stipulated, whichever is higher. 8. (iii) The Sand Way bill for the seized sand shall be issued by the Asst. Director of Mines & Geology concerned in Form-S3. (i) M/s. Andhra Pradesh Mineral Development Corporation Ltd. being the agent, shall be penalized for any extraction of sand beyond the specified area beyond the specified limits or in excess of thickness stipulated, whichever is higher. 8. Thus, it is clear that by way of the aforesaid G.O. provisions are made for dealing with the offences committed with regard to sale/transportation of sand illegally, seizure of vehicle and the amount of penalty to be paid by the person/owner of the 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 the person/owner from whom the vehicle/machinery is seized and immediately take steps by preparing seizure report and produce the vehicle/machinery before the Competent Court to enable the person/owner from whom the vehicle/machinery is seized, to file an application under Section 451 of Criminal Procedure Code (Cr.P.C) for release of vehicle/machinery. In the alternative, the person/owner from whom vehicle/machinery is to be seized shall be permitted to submit explanation to the show cause notice along with an application to the authorized officer seeking release of vehicle/machinery and upon receipt of explanation to the show cause notice and the application for release of vehicle/machinery, the authorized officer shall consider the application and pass appropriate orders in accordance with law, within a period of two weeks there from, on production of security of Rs.25,000/- in case of tractor; Rs.1,00,000/- in case of vehicle upto 10 tones capacity; Rs.1,50,000/- in case of vehicle above 10 tones capacity and Rs.2,00,000/- for any machinery, in the form of Demand Draft drawn in favour of the authorized officer along with an affidavit/undertaking to produce the seized vehicle/machinery as and when required. Inspite of the said provisions contained in the above G.O. petitions are being filed before Courts below for release of the vehicles and the 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 the process too technical and complicated. Inspite of the said provisions contained in the above G.O. petitions are being filed before Courts below for release of the vehicles and the 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 the process too technical and complicated. Whenever a vehicle is involved in the offence as covered under this G.O., the procedure contemplated under the said provisions shall have to be followed and when the authorities observe that any vehicle is involved in such offence for more than two times, the 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 the appropriate Court. 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. Already Courts are burdened with heavy work. When the G.O. has clearly prescribed the procedure in the interest of justice for effective implementation, these offences shall be dealt with as per the procedure under G.O.Ms.No.71 dated 04.09.2019. In the present case, it is not the case of prosecution that the vehicles are involved in similar crimes for more than twice. 9. The Court below besides imposing the condition of payment of penalty as determined by the concerned Assistant Director of Mines and Minerals, had imposed the above condition which is contrary to G.O.Ms.No.71. In that view of the matter, the order under revision is liable to be set aside. 10. Accordingly, this Criminal Revision Case is allowed by setting aside the 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 and the petitioner shall approach the Assistant Director of Mines and Minerals for determination of penalty in terms of G.O.Ms.No.71 dated 04.09.2019. On such payment, the vehicle shall be released. This exercise shall be completed within one week from the date of receipt of a copy of this order. As a sequel, all the pending miscellaneous applications are closed.