Supreme Court of India · 2008-02-27
State Of West Bengal & Anr vs Mahua Sarkar
- Citation / case number
- AIR 2008 SUPREME COURT 1591
- Court
- Supreme Court of India
- Petitioner
- State Of West Bengal & Anr
- Respondent
- Mahua Sarkar
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, P. Sathasivam
Judgment text excerpt
The Supreme Court addressed the legality of vehicle confiscation under the Indian Forest Act, 1927, specifically Sections 59A and 59B, in the context of alleged illegal timber transportation. The Court held that the owner of the vehicle must demonstrate lack of knowledge regarding the illegal activity for confiscation to be invalid. The High Court's order to release the vehicle was overturned, emphasizing that the owner's ignorance does not absolve liability if the driver acted as an agent in the illegal act.