- (1.) Mr. Sanjay Kumar, learned counsel for the petitioner, submitted that the only prayer is that during pendency of the revision, the petitioner's truck bearing registration no. BHB-5424 may be released. He submitted that the petitioner is owner of the truck in question which is a commercial vehicle and he has got no concern or connection with the timber seized. He further submitted that the truck is lying seized since 3.10. 2007. He further submitted that the order of confiscation was set aside by the appellate court. Against the appellate order, revision has been filed by the department, in which the petitioner has appeared and filed show cause but the same has not been disposed of as yet and is pending since January, 2010.
(2.) Mr. Mukesh Kumar, learned Standing Counsel No. III, appearing for the respondents, submitted that it is not known whether the revision is pending on account of laches on the part of the petitioner or the department.
(3.) In the circumstances, the truck being BHB 5424 may be released in favour of the petitioner on furnishing bank guarantee to the extent of the value of the truck in question assessed by the revisional authority. The revisional authority may impose further terms and conditions as he may thinks fit and proper for release of the vehicle in question. The revisional authority will get the valuation of the truck assessed within two weeks from the date of producing certified copy of this order.;