WP(C) 4724/2009 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Mr. DC Mahanta, learned Sr. counsel assisted by Ms P. Bhattacharya, learne d counsel for the petitioner and Mr. RK Bora, learned State counsel appearing fo r the official respondents. The subject matter of challenge in this writ petition is the alleged ill egal detention of two trucks loaded with Red Sander Wood Logs at Chagolia Poli ce Outpost, Dhubri. The authority after causing joint enquiry with its West Beng al counter part along with the owner of truck, the trucks were seized. Ultimatel y, a case has been registered under Section 40,41,49 of A.F.R., 1891 amended up to date read with Section 379 and 411 IPC and in connection of the said case two trucks containing Red Sander Wood Logs including certain other documents have b een seized on 8.12.09. However, seizure and registration of the case is subsequ ent to the filing of this writ petitioner. Mr. Mahanta, learned Sr. counsel submits that the documents authorizing the petitioner to transport the goods in question are in order and genuine and s eizure and registration of the case is illegal one and prays for releasing the g oods in his favour. From the records, it appears that the petitioner has not app roached the appropriate authority making a prayer for releasing the seized goods and truck including the related documents. However, in the fitness of the case, it would be more appropriate if the petitioner approaches the appropriate autho rity with an application praying therein for release of the seized goods as well as truck in question including the related documents in stead of pursuing this writ petition under Article 226 of the Constitution of India. Learned Sr. counse l submits that the petitioner has no objection to approach the appropriate auth ority but the matter should be disposed of at an early date by the authority. In view of the above discussion, this writ petition stands finally closed observin g that it would be open for the petitioner to approach the appropriate authority for releasing the seized goods from the seizing authority by filing an applicat ion and in the event of filing such an application praying for release of the go ods, the authority shall consider the same and pass appropriate order justifying under the law and facts as expeditiously as possible. With the above observation, this writ petition stands finally closed.