STATE OF GUJARAT Vs. SHIV PETROLEUM

JUDGEMENT

(1.) By way of present Revision Application, the State has assailed the order dated 9 th September, 2009 passed by the learned Additional Sessions judge, Gondal in Criminal Appeal No.1 of 2003 and requested to restore the order dtd. 12/9/2002 passed by the Collector, Rajkot.

(2.) Heard Mr.L.B. Dabhi, learned APP appearing for the State-petitioner. Though the rule is duly served, none has remained present on behalf of the respondent.

(3.) It is the case of the petitioner that the respondent firm is dealing with in the business of free sale Kerosene. On 1 st May 2002, the Mamlatdar, Gondal has inspected to the respondent Firm and during inspection, several irregularities have been found by the Mamlatdar and the Mamlatdar submitted a report before the Collector, wherein it is stated that the firm was running in the name and style of Shiv Petroleum which was dealing with in the business of free sale Kerosene and also having licence. During the inspection he has not put price board and violated condition No.3 of Kerosene (Restriction on Use of Fixation of Ceiling Price) Order 1993 as the respondent had unauthorizedly sold 100 liters of Diesel and Kerosene in the Truck and had not produced any certificate or bill on record, the notice came to be issued after giving opportunity of being heard thereafter the learned Collector has been pleased to seized 7000 liters free sale Kerosene valued Rs.1,01.500 and 100% goods came to be seized and confiscated under Sec. 6 of the Act.