STATE OF MADHYA PRADESH vs AZAD BHARAT FINANCE CO. & ANR.

The Supreme Court ruled that the word 'shall' in Section 11 of the Madhya Bharat Act is not always mandatory and depends on context. The court held that confiscation of a truck carrying contraband opium is not obligatory if the owner had no knowledge of the illegal use, emphasizing that penal statutes should not impose penalties on innocent parties. The High Court's decision to not confiscate the truck was upheld, allowing for judicial discretion based on the circumstances of each case.