SOMABHAI RAMBHAI PATEL Vs. DISTRICT COLLECTOR GANDHINAGAR

JUDGEMENT

(1.) xxx xxx xxx.

(2.) A bare reading of second proviso shows that there is an option to the owner to pay in lieu of confiscation of vehicle, a fine not exceeding to market price at the date of seizure of the essential commodity. Thus, the provision enjoins a duty on the Collector to give option to the person before directing confiscation of such animal, vehicle, vessel or other conveyance. The order of confiscation of the vehicle without giving option is bad in law. This Court in Rajput Carriers v. State, as case reported in 1995(1) GCD 123 has upheld the contention that before directing confiscation of the vehicle, option to pay in lieu thereof should be given. Thus, in the present case, the Collector was in obvious error in imposing the penalty of fine of Rs. 68,000/- in lieu of the order of confiscation of the. vehicle without giving opportunity to pay fine not exceeding the market price of the goods seized.

(3.) xxx xxx xxx.