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SCA/1014120/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10141 of
2008
=========================================================
MOHMED
FAZAL DALAL & 1 - Petitioner(s)
Versus
COMPETENT
AUTHORITY- SAFEMA/NDPS- MUMBAI - Respondent(s)
=========================================================
Appearance
:
MR
RS SANJANWALA for
Petitioner(s) : 1 - 2.
MR DC SEJPAL for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 01/12/2008
ORAL
ORDER
1. By
way of this petition, the petitioners have prayed to quash and set
aside the impugned notice dated 24.06.2008 issued by the
respondent-Authority under Section 6(1)of SAFEMA and the reasons
recorded therein as well as the directions issued by Inspecting
Officer, SAFEMA / NDPS, Ahmedabad Unit to 9 authorities dated
26.06.2008.
2. Mr.
Sejpal, learned Counsel for the respondent-Authority, on
instructions, has submitted that the impugned order was passed under
mistaken belief and that the same has not been set aside or revoked.
However, since the impugned Notice and the order were issued under
mis-conception, the same may be construed as canceled.
3. In
view of the statement made by Mr. Sejpal, the ground on the basis of
which the present petition was preferred does not survive. Hence, the
petition stands disposed of as having become infructuous. However, it
is made clear that the respondent-Authority will be at liberty to
issue fresh notice, if any, legal grounds are available to it and the
order of this Court will not come in way while issuing fresh notice /
order.
(Z.K.SAIYED,
J.)
Umesh/
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