KANUBHAI UDESINH RAJ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner by way of this petition under Article 226 of the Constitution of India, has inter alia, prayed as under: -

(2.) THE facts, which can be culled out from the petition in nutshell are as under: -

(3.) IT is contended that the petitioner is no way responsible for excess quantity of the fortified flour, and the explanation was given to the effect that the rats made large cut on the sacks of fortified flour, therefore, the flour was coming out from the sacks and going to be wasted and to save the flour, the petitioner used those sacks first and by mistake, the petitioner mixed the new sacks of fortified flour with the old sack, therefore, new sacks of fortified flour were used first and old were left and the stock of old fortified flour was excess, and as the fortified flour could not be used for a long time, insects were found and the same was unfit for the children consumption, however, the said explanation has not been considered and therefore, the petition is required to be allowed.