%^ H5GH COURT OF JUDICATURE CHHATTiSGARH : BfLASPUR S1NGLE BENCH : HON'BLE SHRI S.R. NA.YAK, C.J. UT PETITION N0.226 OF 200( 'rsus Dharam Chandra Tnvari, aged 35 years, son ofShri Ramnagina Tiwari, resident ofVlnoba Nagar Bilaspur, tehsi! & district Siiaspur (Chhattisgarh) State of Chhattisgarh, through the Secretary, department of Forest, Raipur The CompetentAuthority/Sub Divisional Forest Officer, Kota, Office ofthe S.D.O. (Forest) Kota, district Biiaspur (Chhattisgarh) The Appeilate Authority'Consep/ator of f~i \ Forest, Biiaspur circle, Biiaspur (C.G.) Project Rangs Officsr, East Tenduwa Range, Bilaspur (Chhattisgarh) Present: Mr. Somnath Verma , learned counse! for petitioner. Mr. Yashwant Sinah, tearned Govt. Advocate for State of Chhatttsgarh. (Passed on 17"' January, 200S) The petitioner alleged to have committed a forest offence. The vehicle invofved in the offenee is seized by the prescribed Authority. Presently, the procseding initiated under the C.G. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 (for shart the''Adhiniyam') are pending before the prescribea Authority. Pendmg proceedings, ths petitloner sought interim custody of the subject motor vehicle, but, the prescribed Authority vrell as the Appeiiate Authority refused to grant interim custody of the ^. i^»ll!rf!Nilfes ^' -2. subject motor vehicie to the petitioner. In the circumstance, this writ petition is filed. (2) Having heard iearned counsei for the partles and teeping in mlnd the competing ciaims of the writ petitioner and the public interest involved In the case, 1 think that ends of justice would be met by directin( the respondents herein to give the subject motor vehicle to the interim custody of the petitioner pending disposai of the proceedings, however, subject to appropriata conditions to safeguard the public intsrest. (3) In the result ! dispose of ths writ petition directing the respondents 2 and 4 to release the subject motor vehicje bearing registration No. C.G.10/4857 to the interim custody of the petitioner pending dtsposal of the main proceedings, howwer, subject to the petitioner furntshing bank guarantee for the value of the subjeci motor vehicle as assessed by the hrlotor Vehicte Inspector of Bilaspur to the satisfactlon of the second respondent. The writ petition is disposed of iccordingly. Thls order shail be subject to the flnal resuit of the proceedings initiated against the petitioner under the provisions of the Adhiniyam. ' F Sdl- Chief Justice Sirayfi-t^