TAHIR DADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. M.A. Bukhari, AGP appears for the respondents and waives service of notice of rule. In the facts and circumstances , the matter is taken up for final hearing today.

(2.) This petition is filed against the order passed by the State Government on 3rd August, 1996 at Annexure `C' to the petition.

(3.) Shortly stated, the facts are that the petitioner claims to be owner of tempo No. GJ-7-T-6699. It was alleged that on 18th October, 1993, the tempo was plied by one Arifbhai Mohmedbhai Makrani who was driver of the tempo belonging to the petitioner. On a surprise checking being carried out by officers of respondent No.3 Collector, certain essential commodities were found illegally transported in the said tempo in violation of the Gujarat Essential Articles Dealers (Regulations) Order, 1977 (hereinafter referred to as `the Order'). Tempo was, therefore , seized. A show cause notice was issued by respondent No.3 on 3rd December, 1993 to Arifbhai Makrani inter alia alleging that without there being necessary documents and materials, certain essential commodities were transported in the said tempo. He was, therefore, asked to show cause why the tempo should not be confiscated under Section 6A of the Essential Commodities Act, 1955 (hereinafter referred to as `the Act'). Arifbhai was called upon to give his written explanation within seven days and if he wanted to remain present for personal hearing, he was asked to remain present on 22nd December, 1993 in the office of the third respondent.