PARESHKUMAR KANTILAL MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the impugned order dated 19.12.1991 passed by the Collector-respondent no. 2 herein, directing confiscation of 112 bags of wheat as also the order dated 30.11.1994, passed by the Dy. Secretary, whereby the appeal preferred by the petitioner was rejected.

(2.) The short facts of the case are that the petitioner is a merchant dealing in the business of selling food-grains at Village Sanjeli, Taluka Zalod, District Panchmahal and is holding a valid licence for the same.

(3.) Heard learned counsel for the respective parties and perused the documents on record. It is the case of the petitioner that under the provisions of the said Order, the product, "wheat" has been deleted from the list of essential commodity and, therefore, the order passed by respondent no. 2 is bad in law. On perusal of the documents on record, it transpires that by way of the amendment of 1986, by which certain provisions of the said Order were amended, the requirement for licence for the purpose of dealing in the business of selling / purchase of "wheat" has been deleted, but, the said commodity has not been deleted from the schedule of the list of essential commodities. Hence, the order passed by respondent no. 1 confiscating the wheat bags is just and proper and I find no reason to interfere with the same under Article 226 of the Constitution of India. In the result, the petition is dismissed. Rule is discharged. Interim relief, if any, stands vacated. It is, however, observed that the bank guarantee to the extent of Rs.35,000/- furnished by the petitioner pursuant to the order dated 04.12.1995 passed by this Court, will be deposited with the Government Treasury Office.