BINOD DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application has been filed for release of the truck bearing Registration No. HR -38B -1966.

(2.) SHORT facts giving rise to the present application are that the petitioner is the owner of a truck bearing Registration No.HR -38B -1966. The said truck was intercepted by the custom officials on 20.7.2003 and was found carrying 260 kgs. of Ganja valued at Rs. 5,20,000/ -. The Ganja as also the truck which was valued at Rs. 3 lakh, were seized. This led to registration of Custom Case No. 59/MTH/03.

(3.) COUNTER and supplementary counter affidavit have been filed on behalf of opposite party. In para -4 of the supplementary counter affidavit, it has been stated that from the investigation report, the involvement of the owner and driver of the vehicle in the act of smuggling was not established. In para -5 thereof, it has been further stated that the release of the truck may be considered on the petitioner furnishing cash security equivalent to the seizure value of the truck.