VINAYAK NAROTTAMDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, under Articles 226 and 227 of the Constitution of India, the petitioner has prayed to quash and set aside the judgment and order dated 25. 01. 2001 passed by the learned Sessions Judge, Junagadh in Criminal Appeal No. 2/2001, whereby, the said appeal was partly allowed and the order dated 18. 12. 2000 passed by the respondent in Case No. 33/2000 was modified to the extent that confiscation was reduced to 10% instead of 60% of the goods seized.

(2.) THE brief facts of the case are as under;

(3.) HEARD learned counsel for the respective parties and perused the documents on record. The lower appellate Court, by relying upon the principle laid down by this Court as well as the Hon'ble Apex Court in a catena of decisions, had ordered confiscation of 10% of the stock instead of 60% as directed by the respondent Collector. Looking to the facts and circumstances of the case and in view of the settled legal position, I find that the lower appellate Court has not committed any illegality in passing the impugned judgment. I am in complete agreement with the reasonings given by and the findings arrived at by the Court below and therefore, find no reasons to interfere in this petition.