PATHAK AND CO Vs. DIST COLLECTOR AND MAGISTRATE

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the judgment and order dated 29. 09. 2000 passed by the learned Addl. Sessions Judge, Vadodara in Sessions Case No. 73/1998, whereby, the said appeal was partly allowed and the order dated 05. 11. 1998 passed by the respondent in Enforcement Appeal No. 17 of 1998 was modified to the extent of imposing 50% penalty instead of 100% penalty.

(2.) THE petitioner is a partnership firm duly registered under the provisions of the Indian Partnership Act, 1932 and is an authorized dealer of Bharat Petroleum Corporation Ltd. since 1988.

(3.) MR. B. T. Rao, learned Advocate appearing on behalf of the petitioner-firm, has submitted that the licence for running the petrol pump was issued in the name of the petitioner-partnership firm. One of the Partners of the petitioner-firm expired in the year 1994 and the said fact was informed to the concerned authorities but, no action was taken by them at the relevant time. Even otherwise, the allegation regarding change has not been established.