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.