TRIVENI INDUSTRIES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure has been preferred by the applicant challenging the impugned judgment and order dated 19/02/2002 passed by the learned Sessions Judge, Junagadh in Criminal Appeal No. 79/1998 by which the learned Sessions Judge has partly allowed the said appeal preferred by the applicant by modifying the earlier order passed by the Collector, Junagadh dated 17/10/1998 directing to confiscate 30% of the edible groundnut oil and 30% of the raw rapeseed oil.

(2.) THE facts leading to the present Criminal Revision Application in nutshell are as under;

(3.) THE present Criminal Revision Application is opposed by Ms. C.M. Shah, learned APP appearing on behalf of the respondents-State and the Collector, Junagadh. She has submitted that as such the controversy raised in the present Criminal Revision Application is now not res integra in view of the decision of the Division Bench of this Court in the case of Khimji Jamnadas Oil Cake Industries Vs. State of Gujarat and Anr reported in 2011 (2) GLH 357. It is submitted that in the case before the Division Bench "raw solvent oil" was seized under the control Order 1981 and the same was challenged on the ground that raw solvent oil is not edible oil and negatived the same. The Division Bench has held that edible oil falls within the ambit of "food stuffs" under Schedule I of the Order 1981 and, therefore, when the "food stuffs" are associated with "edible oil", it is appropriate to interpret "food stuffs" in the wider sense as including all articles of food which may be consumed by the human beings after processing and, therefore, it is held that "raw solvent oil also would fall under the provisions of control Order 1981 and, therefore, it is requested to dismiss the present Criminal Revision Application.