MIDLAND OIL CO. LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ld. APP waives Rule for the Respondent State.

(2.) By way of present petition under Articles 226 and 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, the petitioner herein seeks to quash and set aside of the orders passed by the Courts below rejecting the release of muddamal base oil, seized in connection with the FIR registered at Gandhidham 'B' Division Police Station, for the offence under Ss. 278 , 285 and 114 of IPC and Ss. 3, 7 and 11 of the Essential Commodities Act.

(3.) Brief facts giving rise to filing present petition are that, the petitioner company is in business of import and trading of base oil. The company is having all requisite licenses and permissions. Pursuant to the raid conducted by the police at the place referred in the FIR, tanker being RTO registration No GJ-12-BV-6121 containing base oil (37.230 MTS) was seized during transport from Mundra to Nagpur. The base oil imported by Peita Tradelinks and during the transit, it was seized by the authority. The petitioner herein moved an application before the trial Court for release of seized base oil, which came to be rejected vide order dtd. 26/8/2021. The petitioner preferred Revision petition Revisional Court challenging the order of the trial Court, which came to be rejected by the Sessions Court concerned vide order dtd. 20/9/2021.