MADHAVJI RAVJIBHAI PATEL Vs. COLLECTOR, JAMNAGAR

JUDGEMENT

(1.) Taking into consideration the facts and circumstances of this case as discussed in the order passed by the Deputy Secretary and by the collector, Jamnagar, it appears that the petitioner at the most might have acted as a commission agent in 2 or 3 transactions. The Deputy Secretary has relied upon the statement of the petitioner to the effect that the petitioner had stated before the Mamlatdar that he sold ground-nut to Tilve Traders on two occasions. Hence taking into consideration the facts and circumstances of the fact that the petitioner himself is an agriculturist and that the petitioner is not a regular trader, the penalty of confiscation of entire seized stock of ground-nut requires to be modified. Taking into consideration the law laid down, in 24(I) GLR 145 and S.P.C.A. No. '3171/87 decided on 4-9-87, with regard to the imposition of penalty, the ends of justice would be met if the order of confiscation of entire seized stock is modified to the extent that 25% of the seized stock be confiscated to the State Government.