STATE OF GUJARAT Vs. GANIBHAI RAZAQBHAI MEMAN

JUDGEMENT

(1.) HEARD Ld. APP Mr. NJ Shah for the petitioners and Mr. HR Prajapati, Ld. Counsel for the respondent.

(2.) THE petitioner ­ State has challenged the judgment and order dated 7/1/2008 passed in Criminal Appeal No. 17/2006 by the Ld. Sessions Judge, Junagadh. Such Criminal Appeal No. 17/2006 was preferred by the present respondent challenging the order dated 30/1/2006 passed by the District Supply Officer confiscating 100% stock of wheat recovered from Tempo No. GJ-11-U- 8881 on 31/10/2005 on the ground that the respondent could not produce the bill of such wheat and thereby it was transacted in black market. The Ld. Sessions Judge has allowed the Criminal Appeal quashing and setting aside such order of confiscation dated 30/1/2006 relying upon the decision in the case of M.D. Agency v/s. State of Gujarat reported in 1997 [2] GCD 439.

(3.) ON receipt of show cause notice, the respondent has produced one bill which is termed as a writing on letter-pad before the authority and was not treated as a bill for transaction of such stock of wheat. The authority has further taken a stand that they had inquired from the concerned partnership firm, whose bill was produced by the respondent and also from the agriculturists and other businessmen from the area and they could not establish the genuineness of transaction as alleged by the respondent herein. However, since the authority has simply presumed that the wheat in question was just like the wheat which has been provided through the fair price shop and similarly containers of wheat are just like containers which were being utilized for the stock being sent to the fair price shop, the Ld. Sessions Judge has categorically dealt with all such issues and held that mere suspicion would not confirm the right of confiscation.