PATEL MAFATLAL JETHALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In both these Special Civil Application not only the parties are common, but the facts and grounds raised therein are also common, and as such, the same are being disposed of by this common order.

(2.) The facts are being taken from Special Civil Application No. 2411 of 1986 as agreed by both the Counsels for the parties.

(3.) The petitioner is doing the business of mustard seeds for which the petitioner is holding the licence No. H/193/81. On 6-7-1984, the respondent No. 3 seized the petitioner's goods, namely, 74.32 quintals of mustard seeds. The petitioner was served with a show-cause notice for the proceedings under S.6(A) of the Essential Commodities Act, 1955 (hereinafter referred to as the Act, 1955) for the confiscation of seized mustard seeds. The petitioner submitted objections to the show-cause notice. The respondent No. 2 under its order dated 9-9-1984 ordered for confiscation of the seized mustard seeds of 74.32 quintals. The petitioner being aggrieved of the aforesaid order preferred an appeal before the respondent No. 1. The respondent No. 1 partly allowed the appeal and passed the order to confiscate 10 quintals of mustard seeds instead of 74.32 quintals of mustard seeds as ordered by the respondent No. 2. Hence this Special Civil Application.