I.A. Ansari, J.

1. The genesis of the present writ proceeding, under Article 226 of the Constitution of India, lies in Aalo Police Station Case No. 5 of 2007, under Section 409 / 120B / 411, IPC, wherein the case of the prosecution briefly stated, was, thus: On 17.1.2007, an information was received from reliable source at Aalo Police Station that one Oil Tanker bearing registration No. AR-08/0401, loaded with HSD oil and meant for General Reserved Engineering Force ('GREF'), Tato, was being diverted to Aalo for disposal/sale of oil at Aalo. On receipt of the information, a police team, headed by Sub-Inspector, R. Yekker, on being entrusted by the Officer in-Charge of the said police station to take necessary action in the matter, traced the vehicle at the compound of Yomgo Automobiles Service ('YAS'), Aalo, on 18.1.2007, at about 5:30 hours. On query made by the police team, it was found that one Jahid Khan, driver of the said tanker, had brought 5400 litres of HSD oil to YAS from GREF, Tato, with the connivance of the GREF officials of Tato, 92 RCC, with intent to sell the same. The said vehicle, having 6,000 litres of HSD oil and with vehicle's documents, were seized and