JASHWANTLAL GIRDHARLAL GADHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present revision application, a challenge is made to order dtd. 28/7/2017 passed by the learned Additional Sessions Judge, Rajkot dismissing Criminal Appeal No. 6 of 2002 filed by the present revisionist applicant and the other challenge is to order dated 12.09.20222 passed by the District Supply Officer in Case No. 32 of 2002, which inter alia directed confiscation of goods for value of Rs.81,000.00 lying in the godown of revisionist applicant.

(2.) The brief facts resulting in filing of the present application is that on 15/4/2002, Additional Mamlatdar, Rajkot City carried out inspection of petrol pump of the applicant and it was observed during the inspection that the revisionist applicant had the custody of 30 barrels of used oil along with Bill No. 2. The revisionist applicant had license of petrol and diesel under the Gujarat Essential Articles (Licensing, Control and Stock Declaration), Order, 1981 (hereinafter referred to as the "Order, 1981"). Therefore, the merchandise of 30 barrels of used oil was beyond the conditions of the license given to the present revisionist applicant and in view of the same, a show- cause notice dtd. 16/8/2002 was issued to the applicant by the District Supply Officer to show cause as to why the goods should not be confiscated.

(3.) Heard Mr. Suren B. Patel, learned advocate for the revisionist applicant and Mr. Soham Joshi, learned Additional Public Prosecutor appearing for the State - respondent.