ORDER 12.07.2016. Heard the learned Counsel for the petitioner and the learned Counsel for the State. Learned Counsel for the State seeks for an adjournment to obtain instruction and file counter affidavit in this case. But, considering the fact that in spite of opportunity given, State has not filed counter affidavit. I am not inclined to adjourn the case further to file counter affidavit in this case. It appears that the petitioner, in this writ petition, has challenged the seizure and detention of his vehicle i.e. Tractor bearing Regd. No.CG-04-DT-5132 along with firewood of three quintals in connection with Offence Report No.17 (p) of 2016-17, to be illegal, unjust and improper. Learned Counsel appearing for the petitioner submits that no forest offence having been committed in respect of firewood seized in this case using the vehicle in question inasmuch as firewood seized in this case is not a forest produce as the same was seized from a road near Check Gate, Lakhmara and not procured from any forest, the seizure of the vehicle be declared as illegal and arbitrary and consequently, the opposite parties be directed to release the vehicle in question forthwith along with the forest produce seized. Learned Counsel for the State, however, submits that no definite material is placed by the petitioner indicating the fact that the aforesaid firewood was not brought from the forest and as such it cannot be said that the same was not forest produce. Since the aforesaid forest produce was transported without any transit permit, the forest officials rightly seized the same and as such this writ petition filed challenging the aforesaid seizure on the ground that the seizure was illegal and arbitrary, is devoid of merit. Furthermore, he also submits that interim release of the vehicle which is used in commission of forest offence in respect of forest produce being prohibited statutorily, this writ petition is liable to be dismissed. It appears from the seizure list filed that the firewood was seized near a check gate when the same was being transported using the vehicle of the petitioner. In such premises, the contention advanced by the learned Counsel for the petitioner prima facie appears to have force. It appears from the seizure list filed that the firewood was seized near a check gate when the same was being transported using the vehicle of the petitioner. In such premises, the contention advanced by the learned Counsel for the petitioner prima facie appears to have force. However, the matter being under enquiry, this Court is not inclined to quash the seizure, but disposes of this writ petition directing release of the aforesaid vehicle by the Officer in seisin over the matter interimly in favour of the petitioner on such terms and conditions as the officer concerned may deem just and proper, including the condition not to transfer the ownership of the vehicle in favour of anyone, keep the vehicle in good running condition and also furnishing of property security free from encumbrance commensurate to the value of the vehicle. It is made clear that after release of the vehicle in question on the aforesaid conditions, the order be communicated to the R.T.O. not to allow change of ownership of the vehicle without necessary clearance in this regard from the officer concerned and also the Registrar/Deputy Registrar under the Indian Registration Act, who is competent to register transfer of the immovable property furnished as security indicating therein that an encumbrance has been created in respect of the property with the Forest Department for providing the same as security. Issue urgent certified copy as per rules. Ordered accordingly.