JUDGMENT

S.P. Kurdukar, J.-This appeal by Special Leave is filed by the State of Madhya Pradesh challenging the legality and correctness of the judgment and order dated 2nd January, 1996 in writ petition No. 701 of 1994 passed by the Madhya Pradesh High Court at Jabalpur.

2. The facts in brief are as under :-

The respondent herein is the owner of a truck bearing registration No. MPW-4015. It is a common premise that the said truck was used to be given on hire for transporting the goods. It is claimed by the owner that he had engaged a driver to ply the truck.

3. On receipt of a secret information, a direction was given to the forest employees of Maksudangarh, forest region to cordon the area at 2.00 a.m. on 17th January, 1991 to check illegal transportation of the forest produce. At about 2.00 a.m., a truck was spotted near Kalapatha and when it was tried to be stopped by the forest employees, the inmates of the said truck opened fire from the fire arm and fled away. The cleaner of the said truck was however apprehended on the spot. The truck was then brought to the forest depot and it was revealed that it was carrying 120 logs of teak wood covered by tarpoline. The truck and the fores