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SCA/7182/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7182 of 2010
=========================================================
PUVAR
JITENDRASINH GANPATSINH & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
HL
PATEL ADVOCATES for
Petitioner(s) : 1 - 2.
MS JIRGA JHAVERI AGP for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 28/06/2010
ORAL
ORDER
1. Heard
learned advocate Mr.Patel for HL Patel Advocates on behalf of
petitioner and learned AGP Ms.Jirga Jhaveri for respondent State
authority.
2. The
District Collector, Baroda has passed an order on 27.1.2010
(Annexure-A, Page-11) against the present petitioner. Against the
order passed by the Collector, Baroda, an appeal is preferred before
the Additional Sessions Judge, Chhotaudepur on 15.2.2010. In
aforesaid appeal, one application is made to release the commodities
which has been confiscated by the Collector, Baroda. In Para.2 of the
said application, specific request has been made by petitioner that
petitioner is prepared to give bank guarantee or also to submit
guarantor, whatever is to be decided by the Court. This application
dated 15.2.2010 Exh.4 has been decided by the Additional Sessions
Judge, camp at Chhotaudepur on 7.6.2010.
3. The
commodities which has been confiscated has been released on two
conditions (i) to deposit Rs.9 lacs as cash and (ii) for remaining
amount of Rs.13,15,150/-, the bank guarantee of nationalized bank is
to be supplied by petitioner within a period of 15 days from date of
order. One condition is also incorporated that in case if petitioner
succeeds in appeal, then he is entitled to refund the amount of Rs.9
lacs which will be deposited by petitioner.
4. Learned
advocate Mr.Patel submitted that appeal will take some time.
Meanwhile, it will adversely affect the commodities which are
confiscated by the District Collector, Baroda.
5. In
light of this background, it is directed to Additional Sessions,
Baroda camp at Chhotaudepur to decide Criminal Appeal No.1 of 2010 as
early as possible, preferably within a period of one month from date
of receiving copy of present order in accordance with law, after
giving reasonable opportunity of hearing to respective parties.
6. In
view of above observations and directions, present petition is
disposed of without expressing any opinion on merits. Direct service
is permitted.
(H.K.RATHOD,J.)
(vipul)
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