ASHOKBHAI SHASHIKANT VYAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE applicants, by way of this application, have prayed to quash and set aside the impugned complaint being complaint No. E. C. A. Case No. 141 of 1996 filed with Special Court, Vadodara.

(2.) THE applicant is the dealer of Indian Oil Corporation and has setup a retail outlet at Duman Chowkdi National Highway, Vadodara. The applicant is in the said business since the year 1981. On 11. 07. 1996, an inspection was carried out at the pump by the DSO, Vadodara. A notice dated 17. 12. 1996 was issued upon the applicant by the respondent under the provisions of Section 6 (B) of the Act for alleging certain irregularities at the retail outlet of the applicant. The applicant replied to the said notice. However, vide order dated 07. 04. 1997, the Collector directed confiscation of diesel worth Rs. 56,745/ -.

(3.) HEARD the learned counsel for the parties and have perused the documents on record. From the record, it appears that in view of the findings given by the appellate authority, the complaint does not survive. Thus, the allegations made in the complaint does not survive in view of the subsequent order passed by the appellate authority. Hence, I am of the opinion that the complaint deserves to be quashed.