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
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