Supreme Court · 2008 INSC 265 · Decided 27 February 2008

State of West Bengal and ANR. v. Mahua Sarkar

Court
Supreme Court of India
Citation
2008 INSC 265 · [2008] 3 S.C.R. 558
Case number
CIVIL APPEAL No. 991/2002
Decided
27 February 2008
Bench
ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil

Headnote

Indian Forest Act, 1927: ss.59A, 598 - Burden to prove that confiscated vehicle was used for carrying timber illegally c without knowledge or connivance of the owner himself or his agent and each had taken necessary precautions against such use - Held: Is on the owner - Mere assertion is not to discharge the burden of proof - Vehicle already released by order of High Court - Owner 0 directed to deposit Rs. 20, 000 in place of restoration of vehicle - West Bengal Forest Produce Transit Rules, 1959 - Indian Forest (West Bengal Amendment) Act, 1988 - s.59A(3). The Beat officer

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)