SAURASHTRA TRADING CO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) MR .D.M. Thakker, learned counsel for the petitioner, Mr.L.R. Pujari, learned Assistant Government Pleader for the respondent No.1 State. None for the respondent No.1 though served.

(2.) MR .Thakker, learned counsel for the petitioner submits that he be allowed to challenge correctness, validity and propriety of the order to the extent of 75% seizure / confiscation of the stock which was being transported from Jamnagar to Junagadh. His submission is that in the matter of Patel Ambaram Kuberbhai Vs. State of Gujarat and others, reported in 1998 (2) GLH 533, a Division Bench of this Court has held that if allegations of black -marketing, hoarding, profiteering and/or illegal transportation, are not made and are not found proved, then confiscation to the extent of 75% would be bad.

(3.) MR .L.R. Pujari, learned Assistant Government Pleader for the State submits that from the findings recorded by the District Civil Supply Officer, Junagadh, it is clear that the goods were being transported without gate -pass and there is a finding that the goods were transported without any entry in the records and as such, the present is a case where full stock ought to have been confiscated.