DINESHBHAI KASHIBHAI BRAHMAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ld. APP waives service of Rule for the respondent State.

(2.) By way of present petition under Article 226 of the Constitution of India, the petitioners challenge the illegal and arbitrary action of the concerned respondents in seizing the vehicles belonging to the petitioners transporting legally contents i.e. Distillate Oil (Branded by Authority as 'Base Oil') and also the said Base Oil contained in these vehicles in connection with the FIR being C.R. No.11993007220934 of 2022 registered with 'B' Division Police Station, Gandhidham, District: Kachchh East Gandhidham for the offences punishable under Ss. 278 , 285 and 34 of the IPC as well as under Ss. 3 , 7 and 11 of Essential Commodities Act.

(3.) There are relevant e-bill, custom clearance and other transport documents indicating that the transport of Distillate Oil was being made in vehicles in question. The material on record would indicate that the cargo which was ordered was cleared from customs and e-way bill and other documents would indicate that after due procedure and taking samples etc. the customs authority clears the cargo including giving of vehicle number etc. as is apparent from the documents on record. Thus, the Customs Department have cleared the cargo after identifying the vehicles where such cargo was being carried so also material. The goods which were imported were of free trade. The petitioners have all requisite recognition and licenses for transport of material as the petitioners are involved in transport business since many years.