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SCR.A/1045/2006 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1045 of 2006
For
Approval and Signature:
HONOURABLE
MR.JUSTICE P.P.BHATT
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
DCM
SHRIRAM CONSOLIDATED LTD & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
SV RAJU WITH MR CHETAN K PANDYA
for
Petitioner (s) : 1 - 2.
MR KP RAVAL, APP for Respondent(s) :
1,
RULE SERVED BY DS for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 22/03/2011
ORAL
JUDGMENT
1. The
present petition is filed under Articles 226 and 227 of the
Constitution of India read with Section 482 of the Code of Criminal
Procedure, 1973, inter alia, praying for issuance of a writ of
Mandamus and/or Certiorari and/or any other writ, order or direction
directing to quash and set aside the order dated 29.04.2006 at
Annexure-A to the petition passed by learned Additional Sessions
Judge, Fast Track Court No.3, Bharuch camp at Ankleshwar so far is
against the petitioners including confiscating Furnace Oil upto 5% of
822.002 MT valued at Rs.6,76,650/-.
2. Heard
learned Senior Advocate Mr.S.V.Raju for the petitioners and learned
APP Mr.K.P.Raval for the respondent State.
3. The
short question involved in the matter is that the District
Magistrate, Bharuch passed an order on 23.12.2005 mainly on the
ground that the petitioners were not having required licence and that
is why, the District Magistrate ordered to confiscate the goods in
question. Thereafter, the appeal was filed before the District and
Sessions Court being Criminal Appeal No.37 of 2005 challenging the
said order of the District Magistrate.
4. Learned
advocate for the petitioners invited attention of the Court to the
licence issued by the District Magistrate which is produced along
with the petition at page 32 – Annexure-E to the petition. The
date of issuance of this licence is 22.12.2005. Thus, it appears
that before the order passed by the District Magistrate on
23.12.2005, the licence was issued on 22.12.2005. It also appears
that the show cause notice was issued on 21.12.2005 and the hearing
was fixed on 22.12.2005 and on the very next date i.e. on 23.12.2005
the order was passed by the District Magistrate. It also appears
that the Government vide its communication dated 14.11.2005 issued by
the Civil Supplies Department indicates that the licence is to be
collected on or before 31.12.2005. It also appears that the
petitioners have applied for licence on 16.1.2002, but the said
application was misplaced and, therefore, fresh application was made
by the petitioners on 20.10.2005. In response to the said
application and also in response to various reminders sent by the
petitioners, the licence was issued by the District Magistrate on
22.12.2005.
5. On
perusal of the orders passed by the District Magistrate, Bharuch as
well as learned Additional Sessions Judge, Fast Track Court, Bharuch
camp at Ankleshwar, it appears that the decision was taken keeping in
mind the fact that the petitioners were not possessing / holding
valid licence. The petitioners have produced the licence issued by
the District Magistrate at Annexure-E page 32 of the petition for the
first time before this Court.
6. Considering
the aforesaid factual matrix of the present case, the matter is
required to be remanded to the District Magistrate, Bharuch so as to
enable him to decide the case against the petitioners denovo
after perusal of the licence which is produced along
with the petition at Annexure-E page 32 of the petition.
7. In
the result, this petition succeeds and the same is allowed. The order
passed by learned Additional Sessions Judge, Fast Track Court,
Bharuch camp at Ankleshwar in Criminal Appeal No.37 of 2005 dated
29.4.2006 as well as the order dated 23.12.2005 passed by the
District Magistrate, Bharuch in Case No.89 of 2005 are quashed and
set aside. The matter is remanded to the District Magistrate, Bharuch
so as to enable him to decide the case against the petitioners denovo
after perusal of the licence which is produced along with the
petition at Annexure-E page 32 of the petition. The petitioners are
directed to produce a copy of the licence before the District
Magistrate, Bharuch for his perusal. Rule is made absolute to the
aforesaid extent.
Direct
service is permitted.
(P.P.BHATT,J)
pathan
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