ANANTRAI PRAGJIBHAI SANGHVI Vs. SECRETARY

JUDGEMENT

(1.) Rule. Mr. H.L. Jani, learned Additional Public Prosecutor, waives service of notice of Rule on behalf of Respondent No. 1 -State.

(2.) By way of present criminal revision application, filed under Section 397 read with Section 401 of the Code of Criminal Procedure, the applicant has prayed to quash and set aside the order dated 23rd August, 2011, passed by the learned Additional Sessions Judge, Bhavnagar, in Criminal Appeal No. 67 of 2009, to the extent of ordering confiscation of 50 per cent of petroleum products seized by the Authorities.

(3.) It is the case of the prosecution that the petitioner is the proprietor of the petrol pump, namely, Mahavir Auto Centre. It is the case of the petitioner that in the year 2004 to 2006, because of various reasons, there was intolerable deficit in the supply of petrol, diesel and other petroleum products by the Indian Oil Corporation Limited and, therefore, all the petrol and diesel dealers of Bhavnagar District as well as Saurashtra and Kutch region submitted two Memorandums to the State Government whereby it was represented that as there was intolerable deficit in the supply of petrol, diesel and other petroleum products, they are suffering losses and, therefore, necessary action is required to be taken. It is averred that on 26th December, 2008, the Mamlatdar, Sihor, conducted an inspection of the petitioner's petrol pump and found that there was difference of 1596 liters of petrol and 1436 liters of diesel and both of them found deficit in quantity than required and it was found that a Board mentioning rate of the said products and quantity available was not displayed. It was also found that in the accounting records there was eraser marks. It is averred that on the same day i.e. on 26th December, 2006, 1317 liters of petrol and 1237 liters of diesel, amounting to Rs. 1,11,322/- were seized by the Authorities. Thereafter, after about 3 years i.e. 10th February, 2009, show cause notice was issued to the petitioner to show cause as to why such quantity of petroleum products should not be confiscated and the petitioner was asked to remain present before the Collector, Bhavnagar, on 2nd March, 2009. The petitioner, therefore, through his advocate, appeared before the Collector, Bhavnagar, on 9th March, 2009 and submitted his reply in writing explaining that the deficit found was within the permissible limit and requested to withdraw the show cause notice and to release the petroleum products seized by the Authority.