1. THIS Rule is at the instance of the claimant-petitioner. Tej Baharur Singh, directed against an order dated the 6th September, 1973 passed by Sri N. Maitra, Presidency magistrate, 5th Court, Calcutta, in case no. P.R. 1131 of 1973, allowing the customs officials to seize the lorry No. WBK-8460 in connection with the Customs case, with the direction that the lorry be produced in court on call in connection therewith; and further cancelling the bond furnished by the claimant-petitioner as soon as the lorry was seized.

2. THE case is a short and simple one arising out of a prayer made before the court, on behalf of the Customs officials for permission to seize a lorry, being lorry No. WBK-8460, inter alia, on the ground that it carried some smuggled copper lumps imported from bangladesh. The brother of the claimant-petitioner is the registered owner of the lorry No. WBK 8460 and the applicant was authorised by his brother to ply the lorry as public carrier. On the 15th December, 1972 when the driver of the said lorry, one Satdeo Rai, was coming back to Calcutta and the lorry had arrived in front of M/s. New indian Roadways at 155/c, Mahatma gandhi Road, an officer attached