DINESH KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the respondents.

(2.) THIS writ petition was originally filed for a direction to the authorities; (i) to release the truck bearing No. RJ -05G -3349 in favour of petitioner no. 1 and (ii) to release 7398 pieces of unassembled furniture made of 32.151 cubic meter of seesam wood in favour of petitioners no.1 and 2 or 3, respectively.

(3.) THE claim of the petitioner, in short, is that petitioner no.1 was owner of the said truck, which he used to give on hire to various transport companies including Bharat Transport, Sitamarhi, as he has got national permit and certificate of fitness etc. and is also duly insured in accordance with law. Petitioner No.3 is a firm, which is running a saw mill holding valid licence for the same, whereas, petitioner no. 2 is a partner of M/s. Rajdhani Crafts, Jaipur (Rajasthan) dealing in wooden furniture etc. It is further claimed that petitioner no. 2 gave orders for furniture to petitioner no. 3, which was required to be prepared at its saw mill and petitioner no. 3 through the transport company got it loaded on the petitioner no. 1's truck, which was hired for the transportation of the said furniture to petitioner no. 2. It is further submitted that on 13.9.2003, the said truck with the articles/unassembled furniture were seized by the authorities concerned near Rampur Hari Diversion at Runisaidpur in the district of Sitamarhi. Against the seizure of the truck and the articles, this writ petition has been filed.