PANOLI INTERMEDIATES PRIVATE LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of parties, when the matter is called our for hearing on interim relief, the petition is taken up for final hearing.

(2.) The short facts of the case are that the petitioners was holding the licence for Benzene and the same could not be renewed. However, on 22.9.01 a search and seizure took place and it was found by the authority that the licence has expired on 19.7.01 and goods were seized and show cause notice was given to the petitioners for forfeiture of the goods which were seized . The petitioners submitted reply and the Collector passed the order, dated 22.1.02 of seizure of 100% of the seized goods which would would be 50% of the total quantity because the Mamalatdar had seized only 50% of total quantity at the time when the search and seizure took place.

(3.) The petitioner preferred appeal being Criminal Appeal No.6/02 before the Addl.Sessions Judge, Bharuch. The learned Sessions Judge found that the licence was not renewed and inspite of the same the petitioner had sold the goods and therefore the quantity forfeited is 50% and therefore matter does not require interference and hence the appeal was dismissed. Under these circumstances, the petitioners has approached this court by this petition.