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SCR.A/663/2002 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 663 of 2002
=========================================================
DISTRICT
SUPPLY OPFFICER & 1 - Applicant(s)
Versus
NANJIBHAI
LALJIBHAI KACHA - Respondent(s)
=========================================================
Appearance
:
MR
PD BHATE, APP for Applicant(s) : 1 - 2.
MR DM THAKKAR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 08/02/2007
ORAL
ORDER
1. By
way of this petition, the petitioner has prayed for quashing and
setting aside the order dated 09.01.2002 passed by the Sessions
Court, Junagadh in Criminal Appeal No. 32/2001.
2. The
officers of the District Supply Office, Junagadh along with the
Panchas raided the factory of the respondent and found excess and
illegal stock of groundnut to the extent of 3910 kgs. After
following the due procedure the said stock was seized and notice was
issued to the respondent. After receipt of the reply from the the
District Supply Officer after affording opportunity of being heard
passed an order for confiscating 35% of the stock seized.
2.1 Being
aggrieved by the aforesaid order, the respondent preferred Criminal
Appeal No. 32/2001 before the Sessions Court, Junagadh. The Sessions
Court by order dated 09.01.2002 partly allowed the appeal and reduced
the confiscation to the extent of 10% of the stock seized. Being
aggrieved by the said order of the Sessions Court, the present
petition is filed.
3. Mr
P.D Bhate, learned APP appearing for the petitioner-State has
submitted that the respondent has committed breach of the provisions
of the Act by keeping illegal and unaccounted stock of groundnut. He
has further submitted that the Sessions Court has passed the order on
a wrong impression that a large quantity of groundnut has been
confiscated.
4. Heard
learned advocates appearing for the parties and perused the materials
placed on record. From the order of the Sessions Court, it is clear
that the Sessions Court has gone into the evidence in detail and has
come to the conclusion that the quality of the groundnut being
inferior, one Shri Hansraj Rudabhai was asked to take back the same.
However the said stock was inspected before the inferior goods could
be returned. However, keeping the facts and circumstances of the
case in mind, in the interest of justice, the Sessions Court has
ordered seizure of 10% stock which in my view is just and proper. I,
therefore, do not see any reason for interference in the matter and
the petition is required to be dismissed.
5. Accordingly,
this petition is dismissed. Rule is discharged.
(K.S.
JHAVERI, J.)
Divya//
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