ANUPAM TRADERS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, a partnership firm, has challenged the order dated 2.11.96 passed by the Collector, Mehsana, as upheld by the appellate order passed by the State Government on 22nd April 1998.

(2.) The petitioner was dealing in controlled items under the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order 1981. On a raid carried out at the premises of the petitioner on 6th March 1996, it was found that a tanker containing 10,000 liters of kerosene was waiting for carriage of the said kerosene. The raiding party did not find proper authorization for carrying the said kerosene. The authorities, therefore, seized the kerosene as well as the tanker involved. It is stated by the learned advocate for the petitioner that subsequently, on furnishing bank guarantee for the entire value of the vehicle, namely, tanker, the same was released.

(3.) For the alleged irregularities of dealing in kerosene without proper authorization, the authorities issued a show cause notice to the petitioner why the quantity of kerosene seized and the vehicle both be not confiscated. The petitioner denied the charges and submitted that he had committed no irregularities. The Competent Authority, however, rejected the defence of the petitioner and found that he was indulging in transport and sale of kerosene without proper authorization. He had thereby breached the provisions of Orders 23 and 24 of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) order, 1981. The authority eventually ordered confiscation of the vehicle valued at Rs.2,60,000/- as also confiscation of 10000 liters of kerosene valued at Rs.24,480/-. The appeal filed by the petitioner came to be rejected. He has, therefore, preferred the present petition.