RAJPUT CARRIER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. T. H. Sompura Assistant Government Pleader appears and waives service of Rule. In the facts and circumstances of the case the matter is taken up today for final hearing.

(2.) This petition is filed for quashing and setting aside the order dt. September 8 1992 passed by the Collector Surat and confirmed by the State Government on June 9 1994 by which Tanker of the petitioner No. 1 was ordered to be confiscated to the State.

(3.) It is the case of the petitioners that Petitioner No. 1 is the owner of Motor Tanker bearing No. GJ-6-T-4975. Petitioner No. 2 had taken the said tanker on hire from petitioner No. 1 on a so monthly rent of Rs. 10 0 with effect from July 3 1991 On November 26 1991 when the lanker was plied by one Satyanarayansingh driver engaged by petitioner No. 2 the Flying Squad of the respondent No. 2 intercepted it and on Suspicion that it carried diesel oil contrary to law seized diesel oil as well as lanker. Proceedings were thereafter initialed under the provisions of the Essential Commodities Act 1955 (hereinafter referred to as the Act) and at the conclusion of the proceedings diesel oil as well as tanker were ordered to be confiscated.