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Gheesu vs. State of Rajasthan & Ors.

46.00 4.60

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Rajasthan Forest Act, 1953–Secs. 52(3) & (4)–Confiscation of vehicle–Sustainability–Authorized Officer was conscious that the vehicle was under hyphothication–Real ownership was not with the petitioner–It was mandatory to give the notice to the financer–In absence of such notice, the whole confiscation proceeding was vitiated in law–Further, the petitioner stated on oath that he had no knowledge that the vehicle was used for any other purpose than for it was hired–View of competent authority that the petitioner has not produced any document as regard to his knowledge–Hardly any documentary evidence would be there to prove mental state of a fact–Directed to hand over the vehicle subject to furnishing the bank guarantee of Rs. three lakh with two sureties.