SUN PHARMACEUTICALS LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has challenged the order of the learned Additional Sessions Judge dated 22.11.2006 passed in Criminal Appeal No.49 of 2006, whereby the learned Additional Sessions Judge partly confirmed the order of the Collector, Bharuch imposing penalty against the seizure of the stock worth Rs.9,77,460/- of the petitioner company in the following factual background.

(2.) LEARNED advocate Mr. K.D. Gandhi for Nanavati Associates fervently argued before this Court that when the company had already applied for licence and the licence was subsequently granted, it would always relate back to the date on which it has expired. Therefore, it should be considered and treated as mere irregularity and no offence could be said to have been committed by the Company. In the alternative, he argued that the penalty imposed is on a higher side and it ought to have been imposed considering the nature of default.

(3.) UPON thus, hearing both the sides and considering the material on record, this Court has found no ground for it to interfere in the revisional jurisdiction. At the outset, it would be profitable to reproduce citations of judgments in which there are the well laid down fundamental principles to demonstrate as to when the revisional jurisdiction can be exercised by this Court.