PRAKASH SURENDRABHAI VYAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.K.P.Raval, learned A.P.P. waives service of rule on behalf of the respondent-State. The respondent no.2 though duly served has neither remained present nor filed any affidavit. With the consent of the learned Advocates appearing for the parties, the matter is taken up for final hearing and disposal today.

(2.) This Criminal Revision Application filed under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 is directed against the order dated 5-5- 2003/30-4-2003 passed by the District Collector, Bharuch in ECA/ENFO/Case no.47/2002 ordering 100% confiscation of the stock, i.e. 12 KL white kerosene valued at Rs. 1,92,000/- as well as the tanker valued at Rs.5,00,000/- which was confirmed in appeal vide order dated 18-6- 2004 by the Jt. District Judge and Additional Sessions Judge, Fast Track Court no.4, Bharuch, while rejecting Criminal Appeal no.40/2003 filed by the applicant.

(3.) Briefly stated, the facts leading to the institution of the present Criminal Revision Application are that the applicant was managing the affairs of a tanker entrusted to him by his brother who had migrated to USA and is residing there since last many years. It is alleged by the applicant that the said tanker is being run by one Sureshbhai. On 1-7-2002, the said tanker was spotted by. the Mamlatdar, Ankleshwar, in a suspicious condition outside the gate of Ganga Rasayan Pvt.Ltd, G.I.D.C. Ankleshwar. On inspection, it was found that 12 KL of white kerosene was loaded in the tanker and that the driver was not : present at the spot, but on demanding the requisite invoice and other documents from the cleaner who was present, no material whatsoever could be produced by him as a result of which, the tanker was seized alongwith the white kerosene loaded therein vide seizure order dated 1-7-2002. According to the applicant, the inspecting officers had drawn samples of the material seized, statement of the petitioner was recorded on 2-7-2002 and a further statement of the petitioner as well as the tanker driver were also recorded by the inspecting officers. It is the case of the applicant that a written reply dated 17-7-2002 as also an invoice no.90 dated 24-6- 2002 issued by Petro India Sales Corporation in favour of Ganga Rasayan Pvt.Ltd., Ankleshwar were also submitted to the inspecting officers by the tanker driver in pursuance whereof further investigation was carried out and on completion of the investigation, the applicant wa,s ordered to be detained by order dated 14-10-2002 passed by the respondent no. 2 under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980. Thereafter, the applicant made representation to the Central Government and by order dated 13-3-2003, the detention order was revoked. Subsequent thereto, the respondent no.2-District Collector, Bharuch, issued a show-cause notice to the applicant calling upon him to show-cause as to why the seized goods should not be confiscated under the provisions of the Essential Commodities Act on the ground that at the time of inspection, the cleaner had not produced purchase bill, invoice or delivery challan and that the documents having been produced after 12 days, the transaction is bogus. It is also the case of the applicant that tne applicant was not aware about the dates fixed for hearing in respect of the show-cause notices dated 11- 3-2003 and that in fact the applicant had not been served the show-cause notice dated 21-3-2003. Ultimately the respondent no.2- District Collector, Bharuch, by his order dated 30-4-2003 Collector, Bharuch, directed confiscation of 100% of the material seized alongwith the tanker in which the materials were loaded. Thereupon, the applicant preferred Criminal Appeal no.40 of 2003 before the learned Joint District Judge and Additional Sessions Judge, Fast Track Court no.4, Bharuch, which came to be rejected by order dated 18-6-2004 while confirming the order passed by the District Collector, Bharuch, dated 30-4-2003, giving rise to the present Criminal Revision Application.