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2005 Supreme(Pat) 994

MRIDULA MISHRA
Arif Kamal Khan – Appellant
Versus
State Of Bihar – Respondent


Judgment

Mridula Mishra, J.

1. Heard learned counsel for the petitioner and the State.

2. This application has been filed by the petitioner, who is the owner of the truck bearing Registration No. HR 38K 0403, for a direction to the respondents to release the same. Petitioners case is that he has purchased this truck through Financer and is paying monthly instalment of Rs. 30,000.00 to the financer. The truck was engaged on the relevant date by the transport contractor for carrying wood. On relevant date the truck loaded with wooden logs was coming from Allahabad to Gaya. During the course of transportation the vehicle in question was intercepted by the Divisional Forest Officer, Gaya for committing the offence Under Secs. 41 and 42 of the Indian Forest Act. The vehicle in question was seized on 13.8.2005 and Confiscation case No. 8 of 2005 was intimated. The truck was forwarded with the seized articles, before the Court of Divisional Forest Officer, Gaya. Petitioners anxiety is that seized vehicle which has been purchased through financer, if remain under seizure for a long time, it will be damaged. Petitioner will also suffer huge monetary loss.

3. Counsel for the petitioner submit



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