GAURANGBHAI BHARATBHAI MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure has been filed by the applicant-original accused being aggrieved dissatisfied by the judgment and order dated 9-1-2009 passed by the learned Principal Special Judge, Amreli in Criminal Appeal (Essential Commodities Act) No. 3 of 2007 whereby the learned Judge has confirmed the judgment and order dated 13-12-2006 passed by the learned Collector, Amreli, ordering to confiscate 20% of the total edible oils.

(2.) THE applicant was doing business of selling edible oil from a shop named 'sitaram Proteins" situated near old Danapith, behind Sajan Cinema, Rajula Taluka, District Amreli. During a surprise visit by District Supply Officer on 28-8-2006 at his shop, seven irregularities were noticed and since he was found to have committed breach of provisions of Secs. 5 and 11 of the Edible Oil Packaging Act, 1998, Sections 3,8 and 9 of Essential Commodities (Merchants Regulation) Act, 1977 and Sec. 6 (b) of Essential Commodities Enactment Act 1955, a notice was issued on 19-10-2006 calling upon him to show cause as to why proceedings should not be initiated against him. The applicant vide reply dated 21-11-2006 submitted his explanation. Considering the reply given by the applicant as also the papers on record, the learned Collector, Amreli, on 13-12-2006 ordered to confiscate 20% of total edible oil worth Rs. 1,54,140/ -.

(3.) THE applicant challenged the said order by preferring Criminal Appeal (Essential Commodities Act) No. 3 of 2007 before the learned Principal Special Judge, Amreli. However, the said appeal was dismissed vide order dated 9-1-2009. Both these orders are under challenge by way of the present revision by the present applicant.