STATE OF GUJARAT COLLECTOR Vs. GIRDHARILAL NATHURAM SONAIYA

JUDGEMENT

(1.) BOTH these revisions arise from the judgment and order dated 10-7-2008 passed by the learned Sessions Judge, Panchmahals at Godhra in Criminal Appeal No. 8 of 2008 by which the learned Judge has partly confirmed the order No. PRV/eca/6-A/24/08 dated 20-2-2008 passed in Case No. 720 of 2008 by the learned Collector, Panchmahals at Godhra ordering for confiscation of 100% goods worth Rs. 5,20,947/- for breach of Rule 11 of the Gujarat Essential Commodities Act, 1955. Both the revisions are heard together and are being decided by this common judgment. Cri. Rev. Appln. No. 558 of 2008 has been preferred by the State against the order passed by the Sessions Court praying to confirm the order passed by the learned Collector.

(2.) CRIMINAL Revision Application No. 604 of 2008 has been preferred by the accused-Girdharilal Nathuram Sonaiya praying to quash and set aside the order dated 20-2-2008 passed by the learned Sessions Court.

(3.) THE case in short is that during the visit of shop as well as godown of Girdharlal Nathuram Sonaiya by the Inspector of Civil Supplies Department on 3-10-2008, certain irregularities such as not showing the difference in the stock of foodgrain lying in the godown, not properly keeping the stock in the godown creating problems to the passers, signatures of customers were not obtained in the bill book, the complaint book was not kept at the business place, etc. Thus, a report was submitted to the Collector and a notice was issued to the accused on 16-1-2008 for breach of Sec. 11 of the Gujarat Essential Commodities Act, 1955 as to why stock of Rs. 5,20,947/- should not be confiscated. On receiving notice, the accused remained present on 23-1-2008 and filed written reply.