KARIMBHAI HAJIBHAI Vs. DIST COLLECTOR

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, the petitioner original appellant has prayed for an appropriate Writ, direction or order quashing and setting aside the order dated 29.12.2001 passed by the District Collector, Junagadh in Food Efno. Case No. 25 of 2001, confirmed by the learned Sessions Judge in Criminal Appeal No. 7 of 2002 vide judgment and order dated 30.09.2005.

(2.) Facts leading to the present petition in nutshell are as under:

(3.) Learned Advocate appearing on behalf of the petitioner has vehemently submitted that Appellate Court as well as the Collector have materially erred in not considering the fact that groundnut seeds in question were not of the ownership of the petitioner and was of the ownership of his agricultural friend Shri Laxman Kanbhai Barat. It is further submitted that both the Courts have materially erred in not considering the affidavit of Laxmanbhai as well as driver Habibbhai disclosing the fact regarding Laxmanbhai as ownership of groundnut seeds. It is submitted that considering the facts and circumstances of the case, both the Courts ought to have taken liberal view and ought to have ordered lessor quantity of confiscation. Therefore, it is requested to allow the present petition.