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november 2008

Supreme Court of India · 2008-11-18

Mohd. Ashique vs State Of Maharashtra

Citation / case number
AIR 2009 SUPREME COURT 624
Court
Supreme Court of India
Petitioner
Mohd. Ashique
Respondent
State Of Maharashtra
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's dismissal of the writ petition challenging the confiscation of a truck under Section 61-A of the Indian Forest Act, 1927. The Court found that the appellant failed to prove the legality of the timber transportation, as the transit passes did not cover the quantity of Katsawar wood involved. The Court emphasized that the burden of proof lies with the appellant to demonstrate compliance with the law regarding timber transportation, which was not satisfactorily met in this case.

Mohd. Ashique vs State Of Maharashtra · Niyam