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SCR.A/787/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 787 of 2008
=========================================================
MANSINGBHAI
SHANKARBHAI DANGI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
HRIDAY BUCH for
Applicant(s) : 1,
MR.K.P.RAVAL, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 17/06/2008
ORAL
ORDER
Heard
Mr.Hriday Buch, learned Advocate for the petitioner.
2. It
is submitted that at the time of the raid, some of the pieces of the
wood were lying in the tempo belonging to the petitioner; whereas
rest of the pieces were lying in the Saw Mill. That despite the
aforesaid position, the owner of the Saw Mill has been let-off
lightly; whereas the tempo of the petitioner has been confiscated.
It is submitted that the petitioner is ready and willing to deposit
an amount equal to the value of the entire stock of teak wood. It is
further submitted that this is the first offence registered against
the present petitioner and that in any case considering the
allegations made against the petitioner, the same do not justify
confiscation of the tempo of the petitioner.
3. Considering
the submissions advanced by learned Advocate for the petitioner as
well as considering the findings recorded by the learned Principal
District Judge, Dahod, issue Notice and Notice as to interim relief
returnable on 2nd July, 2008.
4. Mr.K.P.Raval,
learned Additional Public Prosecutor, waives service of Notice on
behalf of respondent No.1-State of Gujarat. Direct Service is
permitted qua respondent No.2.
(H.N.DEVANI,
J.)
sompura
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