1. - Learned counsel for the petitioner urges that the application for return of truck which was seized by the police may be taken up for hearing today. The prayer is not opposed and learned Public Prosecutor has no objection if the application is heard today.

2. I have heard learned counsel for the petitioner and the learned Public prosecutor on the merits of the application. It appears that petitioners truck No. RJB 1933 was hired by another person for carrying two bag, of sugar. On suspicion that the sugar might have been purchased in black market, the police officials at Police Station Danpur seized the truck and the two bags of sugar found therein, under section 102 Cr.P.C.. After making an enquiry, Station House Officer, Police Station, Danpur made a report to the Judicial Magistrate, Banswara that the two bags of sugar were found to be properly purchased and appeared to be lawfully carried.

3. Inspite of the aforesaid police report dated March 28, 1981, Judicial Magistrate, Banswara by his order dated March 31, 1981 observed that there was suspicion about two bags of sugar which were carried away in the truck and he was unable to come to a definite conclusion, as such