( 1 ) THIS appeal is filed against an order of the learned single Judge dated march 26, 1996. By that order the learned single Judge dismissed the petition filed by the appellant-petitioner to release the vehicle - a jeep car bearing No. GJ-8t- 8049 detained by P. S. I. , Tharad in exercise of powers under Sec. 207 of the Motor vehicles Act, 1988 (hereinafter referred to as the Act ).

( 2 ) IT is the case of the appellant that he owned a jeep car bearing above number. It was detained by P. S. I. , Tharad on November 5, 1995 on allegation that though the vehicle in question was a delivery van (goods vehicle) and, hence, could not have carried passengers, certain passengers were carried in it. According to the appellant, the action of detention of the vehicle was contrary to law as neither the appellant nor his driver committed any illegality or irregularity. The appellant, therefore, approached the Court of the learned J. M. F. C. , Tharad by filing Cri. Misc. Application No. 23 of 1995 for release of the vehicle. The learned j. M. F. C. , Tharad by an order dated November 18, 1995 rejected the application on the ground that no case was registered in connection with