GUJARAT SHIP BREAKERS ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Shri Y. H. Motiramani under the authority of Shri A. S. Vakil, learned Counsel for the petitioner; Shri L. R. Pujari, learned A.G.P. for the respondents. Heard.

(2.) By this petition, the petitioners are challenging the order dated 12-7-1993 passed in Adm-Work-6A-Case 43 of 1993 by the Collector, Bhavnagar, directing confiscation of 665 filled L.P.G. cylinders and order dated 3-8-1995 passed by the Joint Secretary, Food & Civil Supplies Department, in Appeal Case No. 1093-2649-J/Appeal Application No. 451 of 1993, confirming the order passed by the Collector.

(3.) The petitioners claim themselves to be a Non-Trading Corporation registered under the Bombay Non-Trading Corporations Act, 1959. Making a submission that most of its members are engaged in ship-breaking business and are in need of bulk quantity of L.P.G., they applied for supply of L.P.G. Central Government accepted the application and issued an order for supply of 1000 Metric Tonnes every quarter with a further condition that the Association would endeavour to set up a bottling plant as early as possible, bottling plant to be set up by the Association should conform to all the safety requirements as prescribed by the Chief Controller of Explosives, apart from other procedural clearances from relevant authorities. Some other conditions regarding supply were also stipulated. Accordingly, the petitioners established a bottling plant, purchased cylinders, started refilling cylinders and supplied the same on "no profit, no loss" basis to its members, as asserted by the petitioners.