B.N.PETROLEUM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner B.N. Petroleum through its proprietor challenges the order dtd. 22/2/2023 of the learned Additional Sessions Judge, Rajkot in Criminal Appeal No.331/2022, wherein the application for releasing the confiscated material in connection with Case No.7/2021 pending before the Collector came to be rejected.

(2.) Advocate Mr. Virat G.Popat for the applicant submitted that the confiscated material is actually the base oil and the FSL report dtd. 11/11/2021 discloses that the said material is not bio-diesel, in spite of that, stated that learned Additional Sessions Judge declined to give the physical custody of the base-oil, which is stored and has been sealed at the applicant's company.

(3.) Learned APP for the respondent State stated that there are two consistent orders of the Collector as well as the Additional Sessions Judge, where the prayer has been declined, and further stated that, though the components of the bio-diesel may not have been observed in the F.S.L. report, but since seized article would be necessary during the proceedings against the applicant relaxing the same would permit the applicant to deal with it, as a business article, and, thus stated that the same would not be available during the trial.