MAHENDRASINH DOLATSINH PANJROLIA 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 22. 09. 2006 passed by the learned Addl. Sessions Judge, Fast Track Court No. 5, Bharuch in Criminal Appeal No. 10/2003, whereby, the said appeal was dismissed and the order dated 24. 02. 2003 passed by the District Collector, Bharuch ordering confiscation of the Benzene as also the Tanker carrying the same was confirmed.

(2.) THE petitioner is the owner of a Tanker bearing registration No. GJ-5v-4333. On 12. 12. 2001 the said Tanker was intercepted by the officials of Bharuch Collectorate and on inspection, it was found that solvent Benzene, valued at Rs. 1,41,440/-, was being transported illegally. Therefore, the entire stock and the Tanker were confiscated.

(3.) MR. H. R. Prajapati, learned Advocate appearing for the petitioner, has submitted that the stock seized by the authority is Benzene, which is not covered under the definition of 'solvent', as defined under the provisions of The Solvent, Raffinate and Slop (Acquisition, Sale, Storage and Prevention of Use in Automobiles) Amendment Order, 2001. Therefore, the respondent-authority ought not to have exercised powers under the Essential Commodities Act, 1955. He has also relied upon the Government Resolution dated 09. 02. 2009.