PRABHUDAS MAFATLAL PAREKH Vs. STATE OF GUAJRAT

JUDGEMENT

(1.) Rule. Shri Mengdey, ld. APP waives service of rule on behalf of the respondent State. With the consent of parties, the matter is taken up today for final hearing.

(2.) By way of this petition under Article 227 of the Constitution of India, the petitioner has prayed for an appropriate order quashing and setting aside the order passed by the ld. Addl. Sessions Judge, Fast Track Court No.1, Bhavnagar dated 15-3-2005 passed in criminal appeal No.38 of 2000 to the extent it is against the petitioner i.e. ordering to confiscate 154 LPG cylinders.

(3.) Shri JD Ajmera, learned advocate appearing on behalf of the petitioner has vehemently submitted that out of 154 LPG cylinders for which the confiscation order is passed, 70 LPG cylinders were not even part of the seizure order and therefore, no order could have been passed confiscating the same and to that extent, the order passed by the learned trial Court requires to be quashed and set aside.