N. H. PATIL, J.

( 1 ) THE learned Counsel for the petitioner seeks deletion of respondents No. 2, 3 and 4. Permission granted.

( 2 ) RULE. The learned A. P. P, waives service for the State.

( 3 ) RULE is made returnable forthwith by consent of the parties and taken up for hearing.

( 4 ) THE petitioner is said to be the registered owner of the vehicle MH-24- c-998, tempo trax jeep, manufactured in the year, 1998. On 20th June, 2003, the police of Police Station Devane (BK) seized the said vehicle in connection with crime No. 6061 of 2003 registered for offence under section 66 (b) of Bombay prohibition Act. The vehicle is lying in the custody of the police since then.

( 5 ) THE petitioner filed an application bearing Misc. Application No. 104/2003 before the learned J. M. F. C. , Udgir wherein he stated that he is not concerned with the alleged offence and he was a transporter and he earns his livelihood out of transportation business through the said vehicle seized by the police. The petitioner prayed for custody of the vehicle by filing the application dated 21-6-2003.

( 6 ) BY an order dated 19-7-2003 passed below Exh. 1 in M. A. No. 104/2003, the J. M F. C. , Udgir reject