STATE OF GUJARAT Vs. DEVIKA DEVI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 14/6/1982 passed by the High court of Gujarat in Special Criminal Application No. 538 of 1982. The said special criminal application was moved before the High court for quashing the order passed by the learned Sessions Judge, Junagarh in Criminal Appeal No. 26 of 1982, affirming the order of confiscation of cement stored in 42,658 bags, which were found lying in Porbandar in two different godowns since raided by the officers of the Civil Supplies Department, Gandhi Nagar on 3/2/1982. The order for confiscation of the said quantity of cement was made under Section 6-A of the Essential Commodities Act for the alleged violation of the Gujarat Essential Articles (Licensing Control and Stock Declaration) Order, 1981 hereinafter referred to as Gujarat Control Order. It may be indicated here that such order of confiscation was made by the Collector of the district after issuing a show-cause notice and giving an opportunity of showing cause. It appears the authority concerned proceeded on the footing that although the respondent was engaged in an inter-State sale and the cement manufactured in the State of Gujarat used to be taken to the State of Maharashtra for the purpose of sale in that State, the aforesaid quantity of cement had in fact been stored in contravention of Gujarat Control Order, with an intention to effect sale within the State of Gujarat. The respondent however contended inter alia that more than 14,000. 00 metric tonnes of cement had in fact been purchased by the respondent and 4/5th of such quantity of cement had already been despatched to Bombay for inter-State sale. The aforesaid 42,658 bags of cement had been stored in their godowns in the State of Gujarat as such quantity of cement could not be despatched at the relevant period for want of proper transportation facility.

(2.) It appears that the case of the respondent was not accepted by the confiscating authority and an order of confiscation of the said 42,658 bags of cement was passed. An appeal was preferred by the respondent before the learned Sessions Judge, Junagarh. The learned Sessions Judge, Junagarh inter alia came to the finding that although there had been a transport strike for a few days but had there been bona fide intention to despatch the said quantity of cement, the same could have been transported earlier and the explanation that for want of proper facilities of the transportation, the said quantity of cement had been stored within the State of Gujarat beyond a period of' 15 days, was not convincing and acceptable. Proceeding on the footing that such quantity of cement had in fact been stored with an intention to effect sale or user within the State of Gujarat without complying the provision of the Gujarat Control Order, the order of confiscation was held justified by the learned Sessions Judge.

(3.) Being aggrieved by the order passed by the appellate authority, an application under Article 227 of the Constitution of India was moved before thegujarat High court and the impugned judgment has been passed by the Gujarat High court allowing the said application and setting aside the order of confiscation.