STATE OF GUJARAT Vs. NATWARLAL GANPATRAM PANDYA

JUDGEMENT

(1.) BY way of this petition, the petitioner has challenged the judgment and order dated 13. 09. 2004 passed by the Additional Sessions Judge, 4th Fast Track Court, Panchmahal at Godhra in Criminal Supply Appeal No. 4 of 1999 whereby the order of the Collector, Panchmahal was quashed and set aside.

(2.) ON 16. 10. 1998, the Supply Officer, Godhra inspected the place of Tirupati Oil Mill and found a truck bearing number GJ17-T 4111 loaded with 10,000 kg peanut. On inquiry it was found that for the said peanut load, there was no bill with the driver of the truck. On further inquiry it was found that the same was purchased by the respondent from Madhuvan Industries, Junagadh and was to be sold to a company situated in Ahmedabad. Therefore, it was presumed that the said stock was to be taken outside Gujarat.

(3.) MR. H. L. Jani, learned APP appearing for the respondent State has submitted that the Collector has considered all the important aspects of the matter and has come to the conclusion that the stock in question was in the truck and that the driver of the said truck was not having the requisite bill for the said stock.