MUKESHBHAI DASHRATHLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present petition, the petitioner has challenged an order dated 04.09.96 passed by the Collector, Amedabad as upheld by the State Government in the appellate order dated 30th March 1998.

(2.) The petitioner was dealing in controlled items under the Gujarat Essential Commodities (Licencing Control Order) 1981. Two trucks laden with quantity of wheat were intercepted by the authorities on 02.12.95. Since several irregularities were detected, a show cause notice came to be issued to the petitioner on 15.07.96, levelling several charges interalia suggesting that wheat could not have been sold in the open market and suggestion of the petitioner that the same was meant for export through Adani Exports and the trucks were being directed to Kandla port was not borne out from the documents available. On these grounds, the entire quantity of 350 bags of wheat valued at Rs.1,61,000/- was sought to be confiscated.

(3.) The petitioner filed its reply on 26.08.96. denying the charges. The competent authority vide its impugned order dated 04.09.96 did not accept the explanation of the petitioner, found that the charges are proved, but confined the confiscation to Rs.60,000/-. The petitioner furnished security for the said amount. The petitioner appealed against the order unsuccessfully as the State Government dismissed the appeal of the petitioner.