ORDER :

1. By way of this petition, which is filed under Article 226 of the Constitution of India, petitioner has challenged the order dated 28.12.2018 passed by the respondent No.2 by which the vehicle of the ownership of the petitioner has been confiscated. Petitioner has also prayed that the respondents be directed to release the vehicle in question of the petitioner forthwith.

2. Heard learned advocate Ms. Sangeeta Pahwa for the petitioner and learned Assistant Government Pleader Mr. K.M. Antani for the respondents.

3. Learned advocate for the petitioner submitted that petitioner is the owner of tempo bearing registration No.GJ-6-W-9646. The petitioner was plying the said tempo on hire through his the purpose of transportation. It is further submitted that the driver engaged by the petitioner had accepted the trip to village Unchapan for transporting the kher wood without the knowledge and consent of the petitioner. The concerned respondent authority therefore seized the said vehicle on 23.09.2017 and thereafter issued the notice under Section 39(1)(d) of the Wildlife Protection Act, 1972. Petitioner, therefore, made a representation to the respondent No.2 for release the vehicle