JUDGMENT : Sureshwar Thakur, J. The instant petition is directed, against, the disaffirmative order pronounced, on, an application, cast under, the, provisions of Section 457 of Cr.P.C, where through the applicant/petitioner herein strived, for, an, order, of making release, on supurdari, of, the impounded vehicle, vis-a-vis, him. 2. Uncontrovertedly the petitioner, is, the registered owner, of, the vehicle bearing registration No. HP-64A-4234. The afore vehicle was impounded, by, the authorities concerned, under, the apt empowering provisions encapsulated, in, Section 52 of the Indian Forest Act, provisions whereof stand extracted hereinafter:- "Section 52 of the Indian Forest Act: Seizure of property liable to confiscation- (1) When there is reason to believe that a forest offence has been committed in respect of any forest produce, such produce, together with all tools, boats, carts or cattle used in committing any such offence, may be seized by any forest officer or police officer." 3. The impounding, of, the afore vehicle, was a sequel, of, one Gurdev though holding a valid permit, to, transport 227 resin tins, within the routes mentioned therein, his yet, in collusion with the forest officials concerned, rather, beyond the permissible limits, of, the forest produce, as, mentioned in Annexure P-5, and, in connivance with the forest officials, fabricating, the, apposite transit documents, and, his hence ensuring impermissible transportation, on two(s) occasion, of forest produce, though, his engaging, the impounded truck. 4. The petitioner's endeavor, to, beget success, hence encumbered, upon him, with a legal necessity, to, place on record, material connotative vis-a-vis (a) the driver engaged by him, upon, the registered vehicle, without, his consent, and, also without his knowledge, transporting the illicit forest produce, in, the vehicle owned by him. 4. The petitioner's endeavor, to, beget success, hence encumbered, upon him, with a legal necessity, to, place on record, material connotative vis-a-vis (a) the driver engaged by him, upon, the registered vehicle, without, his consent, and, also without his knowledge, transporting the illicit forest produce, in, the vehicle owned by him. However, a close perusal of the record, as placed, before this Court, unravels, that, the Investigating Officer concerned failing, to collect, from, the driver of the vehicle owned by the petitioner, the, apposite log books, and, its personifying qua the petitioner herein, through, appending his signatures thereon, verifying, the routes transversed by the driver engaged, by him upon the vehicle registered in his name, (a) and, thereupon, his therefrom acquiring knowledge, vis-a-vis, the illicit transportation, of, forest produce, hence in the impounded truck (b) besides also unfold qua the Investigating Officer, during the course of his holding the driver to custodial interrogation, rather failing the elicit, from him, any echoings, vis-a-vis, the petitioner herein imparting instructions, to him, to, carry, in, the offending vehicle, the, illicit forest produce. The lack, of, existence of the afore material, on record, does palpably, spark an inference, qua the petitioner herein neither holding any collusion nor his holding any knowledge, vis-a-vis, the driver, of, the offending vehicle in the latter proceeding to load therein, the, illicit forest produce. Since, only upon the afore material, hence, existing on record, would, bring forth best evidence, for, prima facie validating hence, the inculpation, of, the petitioner, whereas, with the afore evidence being amiss, thereupon it would be not befitting, for, this Court, to, sustain the order impugned before this Court. 5. In view of the above, the present petition is allowed, and, the impugned order is quashed and set aside. The vehicle is ordered to be released to the petitioner, on, his furnishing supurdari bonds, equivalent to the value of the impounded vehicle owned by him, hence within two weeks hereafter, before the trial Magistrate concerned, with, an undertaking therein that, he shall in future ensure its being not used, for, transporting illicit forest produce, and also with an undertaking that, as, and when required by the authorities concerned, he shall produce, it, for its inspection. 6. 6. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above. All pending applications stand disposed of accordingly.