BHAI NIHALCHAND MODH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by the petitioner for quashing and setting aside the order passed by the District Supply Officer, Palanpur dated 4.7.1987 at Annexure-A to the petition and partly confirmed by the State Government vide its order dated 1.8.1988 at Annexure-B to the petition.

(2.) The case of the petitioner was that he was holding a wholesale licence as producer as well as dealer in edible oil and oil seeds. The licence was valid upto 31.12.1986. It was granted in accordance with the provisions of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981 (hereinafter referred to as `the Order'). The allegation levelled against the petitioner was that on 5.5.1987, when the supply Inspector of Plananpur Division inspected the business premises of the petitioner Bhagavanbhai Nihalchand Modh, the owner of the petitioner firm was present and in his presence, the premises were inspected and certain irregularities were found. It was stated that the licence was valid upto 31.12.1986 and was not got renewed thereafter. In view of the above fact, the quantity as mentioned in the order was seized. A notice was issued under Section 6B of the Essential Commodities Act, 1955 (hereinafter referred to as `the Act') asking the petitioner to show cause as to why the commodities should not be confiscated.

(3.) In pursuance of the said notice a reply was submitted by the petitioner and it was contended that there was a bona fide mistake on the part of the petitioner in not getting the licence renewed. The licence was, however, thereafter renewed within a very short period with effect from 1.6.1987. It was also stated that no any other illegality or irregularity was committed by the petitioner either in any transaction at the time when the inspection took place or even in the past. A prayer was, therefore, made to withdraw the notice.