APPW338OF09.sxw 1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE -CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.338 OF 2009 IN WRIT PETITION NO.791 OF 2009 Suleman Suddu Ali and anr .. Applicant -versus The State of Maharashtra .. Respondent Mr. Balkrishna Joshi, for the Applicant. Ms A.T. Javeri, APP for the Respondent State. CORAM: J. H. BHATIA, J. DATED: 11th June,, 2010 P.C. 1. Heard learned counsel for the parties. The applicant claiming to be the owner of the medium size vehicle bearing No.DN-09/G-9368. The said vehicle was proceeding from the side of Bombay towards Wapi. At Charoti Naka, the Forest Guard, stopped the truck with an enclosed container. In the container 38 bundles of fire wood worth Rs.760/- were found. Under the panchanama, the said firewood bundles as well as the truck were seized. Later on the order was passed for confiscation of the said truck. That order of confiscation has been challenged in Writ APPW338OF09.sxw 2 Petition No.791 of 2009 and the said Writ Petition is admitted. 2. By this application, the applicant seeks release of the said truck during the pendency of writ petition. 3. Heard learned counsel for the parties. A statement of Ahsan Saif Ali, the driver of the truck was recorded immediately by the Forest Guard, wherein he had stated that his truck was empty and while proceeding towards Wapi, just to earn some money, on the request of some tribal women, he had allowed those tribal women to board alongwith said bundles of firewood. 4. The learned APP has also produced the photograph of the truck with said bundles of firewood. The photograph is taken on the spot. The photograph indicates that the container of the truck was not fully loaded. Some firewood bundles were tied with ropes and there were some bundles in gunny bags. 5. The papers produced by the applicant shows that he had purchased the second hand truck shortly before this incident, by obtaining loan from financier. Now the vehicle is lying without use for last more than one and half year. As the writ petition is admitted. It cannot be said how much time will it take to dispose of writ petition. If the vehicle remains idle, by the time the writ petition is finally disposed of, the vehicle would become junk and would be of no use. Taking into consideration the value and quantity of the firewood, it is a fit case where the vehicle should be APPW338OF09.sxw 3 released in favour of the applicant. Hence order. ORDER. I) The application is allowed. II) The confiscated vehicle bearing No.DN-09/G 9368 be released in favour of the applicant subject his furnishing bond in the sum of Rs.2,50,000/- with an undertaking that as and when called, he will produce the said vehicle before concerned Court or any other authority as may be directed and that he shall not create any third party interest and shall not make any changes in the said vehicle. III) Criminal Application stands disposed of. (J. H. BHATIA, J.)