BIRESH KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD counsel. A revisional order passed under Section 15-B of the Madhya Pradesh Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969, hereinafter referred to as the Adhiniyam, is being challenged by the State of Madhya Pradesh under Article 227 of the Constitution of India. The brief facts for the purposes of this petition be noticed as under.

(2.) A truck bearing No. MPW 4015 was taken possession of on account of various offences said to have been committed under the aforementioned Adhiniyam. It is alleged that on 17th of January, 1991, the truck in question was found with wooden logs which were being carried contrary to the provisions of the Adhiniyam. An order of confiscation of the truck was made under Sections 15(5) and (6) of the Adhiniyam. These provisions be noticed. These read as under:

(3.) THE learned counsel for the State has pointed out that when the owner of the truck had left the vehicle to be plied by the driver and had given unlimited liberty in this regard then the owner cannot escape the liability. I am of the view that his argument cannot be prevailed. Under Section 15 of the Adhiniyam, the Criminal liability has to be proved. This proof was missing in this case.