(1.) THE impugned order dated 1.4.1998 has been seen. I do not concur with the reasons advanced by the learned Additional Sessions Judge. It has been proved on the record from the statement of Sadiq Mohammad that the truck was lying parked in front of his house and it was stolen. It is not necessary always that the owner shall make an application in writing. In the present case, there is an evidence to the effect that application was given to the police intimating it regarding the theft of the truck. It has even come in the statement of the Moharrir Head Constable that the police may or may not enter the offence. The fact is that the petitioners were never tried in the trial. In these circumstances, the learned Addl. Sessions Judge was not justified in confiscating the truck. Let the same be returned to the registered owner. Petition accepted.