Prima facie case against penalty condition accepted where no evidence showed knowledge of contraband in the vehicle.

In a stay application concerning confiscation of a jeep and a personal penalty, the absence of material showing the appellant's knowledge of contraband being transported justified waiver of the penalty condition. The jeep was intercepted while being driven by a driver, and the explanation that it was used as a taxi and engaged for transport was not contradicted by independent evidence. Mere inability to produce the driver, or the driver's absence, was not enough to infer mala fide intent or penalty liability. The stay petition was allowed unconditionally and the appeal was posted for hearing later.

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Issues: Whether, in a stay application arising from confiscation of a jeep and imposition of personal penalty, the appellant had made out a prima facie case for waiver of the penalty condition.

Analysis: The appellant's jeep had been intercepted while being driven by the driver, and there was no material showing that the appellant knew that contraband goods were being transported in the vehicle. The explanation that the jeep was used as a taxi and that the driver had engaged it for transportation was not contradicted by any independent evidence. The mere inability to produce the driver or the driver's absence was not treated as sufficient to infer mala fide intent or penalty liability.

Outcome: The stay petition was allowed unconditionally and the appeal was posted for hearing on a later date.

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