Section 13(4) in Telangana State Sand Mining Rules, 2015
(4)An officer authorized under sub-rule (3) shall follow the procedure as under to confiscate any vehicle/machinery:(a)Issue show cause notice to the person/owner from whom the vehicle/machinery is to be seizure/confiscated.(b)Immediately take steps by preparing seizure/confiscation 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, whereupon the Competent Court shall pass orders in accordance with law.(c)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 alongwith an application to the authorized officer seeking release of vehicle/machinery.(d)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 alongwith an affidavit/undertaking to produce the seized vehicle/machinery as and when required.(e)If the person from whom the vehicle/machinery is seized, fails to comply sub-rule (4) clause d, the authorized officer shall issue order for disposal of seized vehicle/machinery in public auction in consultation with Transport Department within (15) days from the date of seizure order.(f)The fine paid as per the orders of Competent Court; the security furnished as per sub-rule (4) clause d OR the proceeds as per subrule (4) clause e shall be deposited in the head of account 0853- 102-81other receipts and the original challan shall be sent to the Asst. Director of Mines & Geology concerned.]
