1.Heard Mr. A. H. Kapadia, Counsel for the petitioners; Mr. K. M. Babhulgaonkar, Additional Public Prosecutor, for respondent No. 1 - State; and Mr. R. D. Mane, Counsel for respondent Nos. 2 and 3.

2. The facts, in brief, giving rise to this Writ Petition are that the petitioner No. 1 is Finance and Leasing Company engaged in the business of financing and purchase of motor vehicles. Petitioner No. 1 advanced a sum of Rs. 2,50,000/- to the petitioner No. 2, on 15-4-1994, and further sum of Rs. 1,12,500/- to the petitioner No. 2 by way of hire - purchase agreement in favour of petitioner No. 2, for purchase of truck AP - 16 - V - 7794. Thus, petitioner Nos. 1 and 2 both are the owners and the persons who claim right to the said truck.

3. On 2-8-1995, the Police of Nagar Taluka Police Station received information that Ganja was being transported by the said truck and the truck was parked in front of Driver Dhaba situated at Nagar - Jamkhed road at village Chinchodi Pati. On the basis of this information, the Police raided the spot in the presence of panchas. The truck was there. The three persons, Shaikh Barhanuddin Mohamad Jan Sharif, Krushna Brahman Shriniwas and Balu Laxman Kokate we