Vehicle owner responsible if it is used for smuggling: SC

The Supreme Court has ruled that the owner of a vehicle used for smuggling cannot escape liability unless he proves that he had no knowledge of the illegal act. "It is a matter which is within his knowledge. Mere assertion without anything else will not suffice," a bench of Justices Arijit Pasayat and P Sathasivam said. Interpreting the provision of the Indian Forest Act, the apex court said it was for the owner, his agent or any other person in charge of the vehicle to prove that all "reasonable and necessary precaution," were taken to prevent the misuse of the vehicle. "The requirement is mandatory that the owner has to prove that he had no knowledge or had not connived," the bench said while upholding an appeal of the West Bengal government against a high court order. The high court had earlier directed the forest officials to return the Maruti Van of Mahua Sarkar, which was seized for smuggling timber from the forest areas of West Bengal's Jalpaiguri district. Sarkar had claimed that he had no knowledge of the smuggling as the van was given to a friend of his for a marriage function and the driver misused it without his knowledge and permission. The high court ordered the release of the vehicle on the ground that the owner can be prosecuted only if the driver acted as his agent in carrying out the smuggling activities. Otherwise, the vehicle cannot be confiscated, the high court reasoned while ordering its release.

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