DINESH KHEMCHAND PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Yatin Soni for the petitioner, learned Advocate Mr. Nandi Chudgar for M/s. Nanavati Associates on behalf of respondent No. 2 and Mr. M. A. Patel, learned A.P.P., for respondent No. 1.

(2.) The petitioner has challenged the legality, validity and propriety of the order passed by the learned Addl. Sessions Judge, Panchmahals. dated 8-8-1997 in the proceedings of Criminal Appeal No. 20 of 1996.

(3.) Respondent No. 2 is the Manager of Gujarat Rajya Van Vikas Nigam, Dahod, Dist. Panchmahals, a public Corporation established under the provisions of the Gujarat Minor Forest Produce Trade Nationalisation Act, 1979 (hereinafter referred to as 'the Act'). That on 17-8-1993, the staff members of respondent No. 2 carried out a raid with striking force on the godown of the present petitioner and during the search, recovered an aggregate 31 bags of minor forest produce known as "Mhowra" flowers. The aggregate weight of the said article was 18.60 quintal. That a criminal complaint against the present petitioner was filed in the Court of J.M.F.C., Jhalod, Dist. Panchmahals, under the provisions of Sec. 3(2) of the Act. It may be noted that the petitioner pleaded guilty for the said offence before the learned J.M.F.C. and thereby by vide order dated 22/07/1996, the learned J.M.F.C. convicted the petitioner for the said offence under Sec. 3(2) read with Sec. 15 of the Act and ordered imprisonment till rising of the Court and to pay a fine of Rs. 100.00. That as regards muddamal article, the Court passed the order to confiscate 10% of the muddamal Mhowra flowers recovered by respondent No. 2 and produced in the Court and to return 90% of the said muddamal flowers to the present petitioner who was the accused of the said complaint.