Makhan Prajapati vs. State of MP

Madhya Pradesh High Court (Single Judge)

MCRC, 4055 of 2021, Judgment Date: Mar 15, 2021

Law laid down - 

Merely submission of royalty cannot absolve the owner of the vehicle from his liability. It is the common feature that unless it is permitted by the owner of the vehicle, no driver can transport the sand by the owner's vehicle. Moreover, deposit of penalty prima facie reflects consent of the owner of the vehicle and non-rebuttal by the owner to imposition of penalty shows implied consent of the owner with regard to illegal transportation of sand in the restricted region.

Madhya Pradesh State vs. Udai Singh, reported in 2019 (3) CCSC 1216, relied on.

Makhan Prajapati vs. State of MP