DCM SHRIRAM CONSOLIDATED LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petition is filed under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, inter alia, praying for issuance of a writ of Mandamus and/or Certiorari and/or any other writ, order or direction directing to quash and set aside the order dated 29.04.2006 at Annexure-A to the petition passed by learned Additional Sessions Judge, Fast Track Court No.3, Bharuch camp at Ankleshwar so far is against the petitioners including confiscating Furnace Oil upto 5% of 822.002 MT valued at Rs.6,76,650/-.

(2.) HEARD learned Senior Advocate Mr.S.V.Raju for the petitioners and learned APP Mr.K.P.Raval for the respondent State.

(3.) ON perusal of the orders passed by the District Magistrate, Bharuch as well as learned Additional Sessions Judge, Fast Track Court, Bharuch camp at Ankleshwar, it appears that the decision was taken keeping in mind the fact that the petitioners were not possessing / holding valid licence. The petitioners have produced the licence issued by the District Magistrate at Annexure-E page 32 of the petition for the first time before this Court.