( 1 ) THIS is a reference made under sec. 438 of the Criminal Procedure Code by learned Sessions Judge Bulsar at Navsari Mr. R. K. Sonawala in Criminal Revision Application No. 4 of 1969 recommending that the order of learned Judicial Magistrate First Class Umbergaon Mr. K. V. Mehta dated 5th April 1969 to return the truck bearing No. GTD 3842 to the petitioner Raichand Lakshmi Shah on confirmation of his producing an ownership registration certificate and on his depositing Rs. 15 0 in cash in the Court along with a bond in the sum of Rs. 60 0 on a condition to produce the truck in the Court in the same condition whenever so ordered be set aside.

( 2 ) THE facts leading rise to this reference briefly stated are as under :- Raichand Lakshmi who claims to be an owner of the truck bearing No. GTD 3842 which was seized originally by the Mobile Anti Smuggling Staff A. C. B. Bulsar under the panchnama dated 8th February 1969 with other goods alleged to be smuggled goods filed an application on 28 February 1969 under sec. 523 of the Criminal Procedure Code. It was stated therein that the aforesaid truck was stopped near Bhilad Check-post while it was going towards Bombay si