MOHANBHAI MEPABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) By way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner challenges the impugned orders dtd. 23/8/2022 and 9/3/2023 passed by the Courts below, rejecting the release of muddamal - base oil.

(3.) The petitioner herein is the owner of the muddamal ie., two tankers and 7000 liters oil (each one is carrying 3500 litrs oil) purchased from different companies and he has also paid the Tax pertaining to this purchase to the Government. Before it could reach at the destination, the police detained the vehicles and base oil on the ground that, it has been transported without requisite licenses and no objections and thereby, committed an offence under Ss. 285 , 278 and 114 IPC and Sec. 3 , 7 and 11 of the Essential Commodities Act , for which, FIR came to be registered and accordingly, vehicles as well as base oil have been seized. The petitioner herein moved an application before the trial Court for releasing of muddamal, which came to be rejected vide order dtd. 23/8/2022 and the same was challenged before the Sessions Court concerned by preferring Revision Petition, which came to be rejected vide order dtd. 9/3/2023 Aggrieved with the impugned orders passed by the Courts below, petitioner has come up before this Court.