IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 135 of 2008 Ravinder Singh s/o Yashpal Singh R/o Awas Vikas Colony, Dehradun Road, Roorkee, Police Station – Gangnehar Roorkee, District Haridwar …….. Applicant/petitioner. Versus 1. State of Uttarakhand 2. Shri S.P. Ghildiyal Supply Officer Narsan Police Station Manglaur, District Haridwar …….. Respondents …………. Mr. Manish Arora, Advocate for the petitioner. Mr. G.S.Sandhu, Government Advocate for the State. Hon’ble V.K. GUPTA, C.J. Counter affidavit has not been filed despite two opportunities granted. Without commenting on the merits of the case, this petition is allowed by setting aside the impugned order dated 25.01.2008 passed by the Judicial Magistrate, Roorkee. Consequently, it is directed that the Tanker in question bearing registration no. UP 18-0106 shall be released in favour of the petitioner on the condition that the petitioner is, in fact, the registered owner of this vehicle. (V.K. Gupta, C.J.) 03.04.2008 A