Judgment L P.N.SHAHDEO, J. 1. This application is directed against the oorder, dated 25-8-1990 passed by the Chief Judicial Magistrate, Palamau at Daltonganj including the order, dated 7-9-1930 passed by the 2nd Additional Sessions Judge, Palamau at Daltonganj refusing to release the truck bearing No. BIM 9921 claimed by the petitioner as its owner. 2. It appears that the truck in question alongwith a car was seized on 30-5-1990 at about 5-00 a.m. at Kundri check-post by the Beat Officer within Lesliganj Police Station as it was found carrying 760 kgs. of hatha biscuits. The hatha and the truck both were seized- 3. It appears that after the prayer for release of the truck in question was rejected by the Chief Judicial Magistrate, claimed by the order, dated 25-6-1990, a revision against the said order was preferred before the Sessions Judge, Palamau which was also rejected by the 2nd Additional Sessions Judge, Palamau by his order, dated 7-9-1990 against which this Misc. application has been filed with a prayer to release the vehicle in question. 4. The ground taken in this application is that Section 52 of the Forest Act does not authorise any Forest Official to seize any truck, car or vehicle etc. and, as such, the seizure of the truck is without jurisdiction and wholly illegal in view of the provisions of Section 52 of the Forest Act. 5. It appears that similar matters came up before this Court for decision in C.W.J.C. No. 1758/90 (R) and also in Cr. Rev. No. 131/90 (R) in which it was held that Section 52 of the said act, in its clear terms, does nit authorise seizure of truck, car or any vehicle and, therefore, the vehicles involved in those cases, were ordered to be released on sufficient security. 6. In the circumstance, this case being the identical one, is also fully covered by the aforesaid decision and therefore, this application has to be allowed. 7. In the result, this application is allowed and the orders, dated 25-8-1990 passed by the Chief Judicial Magistrate, Palamau and the order, dated 7-9-1990 passed by the 2nd Additional Sessions Judge, Palamau at Daltonganj in Cr. Rev. 7. In the result, this application is allowed and the orders, dated 25-8-1990 passed by the Chief Judicial Magistrate, Palamau and the order, dated 7-9-1990 passed by the 2nd Additional Sessions Judge, Palamau at Daltonganj in Cr. Rev. No. 81/90 are set aside, the truck bearing No. BIM 9921 is directed to be released in favour of the petitioner on sufficient security to the satisfaction of the Court concerned after being satisfied about its ownership with a condition that, if and when required, the same shall be produced before the Court.