STATE OF GUJARAT Vs. RUSHABH AUTOMOBILE

JUDGEMENT

(1.) THIS revision is filed being aggrieved and dissatisfied with the judgment and order dated 13-2-2009 passed by the learned 6th Addl. District and Sessions Judge, Surat, in Criminal Appeal No. 3 of 2004 by which the learned Judge has partly confirmed the order No. LGS/surat:6a:254/2003 dated 24-2-2004 passed by the Director of Civil Supplies, Gandhinagar, ordering for confiscation of 100% stock worth Rs. 3,39,909/- for breach of Sec. 2 (q) of Petrol-Diesel (Stock, Control and Regulation) Order, 1988 and Sec. 2 (I) of Petroleum Product (Manufacture, Sore and Stock Regulation) Order, 1999 as well as Secs. 22 and 24 of the Gujarat Essential Commodities (License, Control and Regulation) Order, 1981 and has ordered to confiscate 15% of the stock amount i. e. Rs. 50,986/ -.

(2.) THE case in short is that the respondent was running a petrol pump in the name and style of Rushabh Petrol pump. During a checking at his petrol pump by the authorized officer, certain irregularities such as giving less petrol to customers thereby earning illegal financial benefits, not properly maintaining accounts and books, showing irregularity in running of meter were noticed thereby committing breach of Sec. 2 (q) of Petrol-Diesel (Stock, Control and Regulation) Order, 1988 and Sec. 2 (I) of Petroleum Product (Manufacture, Sore and Stock Regulation) Order, 1999 as well as Secs. 22 and 24 of the Gujarat Essential Commodities (License, Control and Regulation) Order, 1981 and hence, a report was submitted by the said authorized officer. On the basis of the said report, a notice was issued by the Director, Civil Supplies, Gandhinagar, to the respondent as to why stock worth Rs. 3,39,909/- should not be confiscated. Considering the reply as well as other papers, stock to the extent of 100% was ordered to be confiscated by the Director, Civil Supplies, Gandhinagar.

(3.) BEING aggrieved with the said order, appeal bearing Criminal Appeal No. 3 of 2004 was preferred by the accused before the learned Sessions Judge, Surat. The said appeal was partly allowed by the 6th Addl. District and Sessions Judge, Surat, vide order dated 13-2-2009 as referred above, giving rise to the revision by the State.