STATE GOVERNMENT Vs. VITHHALBHAI RAVJIBHAI BHINGRADIA

JUDGEMENT

(1.) THIS revision by the present applicants-State authorities challenges order dated 30th April, 2008 passed by the learned Addl. Sessions Judge, Bhavnagar in Criminal Appeal No. 23 of 2008 whereby the order No. RV/prv/6a/case//2006 dated 4-12-2006 passed by the Deputy Collector, Palitana Sub Division, was modified and instead of 100% confiscation of stock seized, confiscation to the extent of only 15% was ordered.

(2.) THE case in short is that the present respondent was engaged in the business of domestic supply of gas cylinders in the name and style of Maruti Gas Agency in Umrala, Valbhipur and Shinor and was providing gas cylinder at home delivery basis. There existed an between the respondent and the Hindustan Petroleum Oil Company under which, a license was issued by the Licensing Authority and Mamlatdar under the Gujarat Essential Commodities (License, Stock and Control) Order, 1981 and the respondent was providing gas cylinder at home delivery basis to the domestic customers. Upon a visit made at the place of the respondent by the Collector, Bhavnagar and other Officers on 10-10-2006, a notice was issued to the respondent as to why filled and unfilled cylinders numbering 43 each valued at Rs. 49,971/- and Rs. 34,000/- respectively totalling to Rs. 83,971/- should not be confiscated for violation of Sections 3,4,7,8 and 10 of Liquid Petroleum Gas (Stock and Distribution) Order 2000 as well as the provisions of Explosives Rule and Gujarat Essential Commodities Act, 1981. The respondent submitted his reply raising objections. However, the Deputy Collector, Bhavnagar vide order dated 4-12-2006 ordered to confiscate stock valued Rs. 83,971/- i. e. 100%. The said order was challenged by the respondent before the Sessions Court, Bhavnagar, which was registered as Criminal Appeal No. 23 of 2008. Upon hearing learned advocates appearing for the respective parties, the learned Addl. Sessions Judge, Bhavnagar, vide order dated 30-4-2008 partly allowed the appeal and modified the order dated 4-12-2006 passed by the Deputy Collector and ordered to confiscate only 15% of stock seized instead of 100% ordered earlier. Hence, the present revision application.

(3.) HEARD learned APP, Mr. K. P. Raval for the applicants. This Court has gone through the orders passed by the learned Sessions Judge as well as the learned Deputy Collector.