SOHRAB ABDUL KHALIQUE SHAIKH Vs. CONTROLLING OF RATIONING

JUDGEMENT

(1.) Since the legality, propriety and correctness of the judgment and order dtd. 26/4/2016 passed by the learned Additional Sessions Judge, Greater Mumbai, in Criminal Appeal No.138 of 2013, is assailed in both the Revision Applications, they are taken up for determination by this common order.

(2.) Mr. Sohrab Abdul Khalique Shaikh deals in the business of purchasing of reclain oil and other oils under the name and style of M/s. Azad Lubrico (hereinafter referred to as 'the Applicant'). The Applicant claims to have possessed requisite and valid license for the said business. On 27/1/2011, the Assistant Commissioner of Police, Crime Branch, CID (Sales Tax Division) conducted a raid at the premises of the Applicant situated at Kalina, Santacruz (E), Mumbai and seized the goods, including 52000 liters of black oil and 8000 kg. grease. The Applicant came to be arraigned in C.R.No.37 of 2011 registered with Vakola Police Station for the offences punishable under Ss. 3, 7(2) and 8(2) of the Essential Commodities Act, 1955 read with Lubricating Oil and Greases (Processing, Supply and Distribution Regulation) Order, 1987, Ss. 3 and 4 of the Maharashtra Solvent Raffinate and Slop (Acquisition, Sale, Storage and Prevention of use in Automobiles) Order, 2000 and Sec. 420 read with Sec. 34 of the Indian Penal Code, 1860.

(3.) The Respondent No.1 - Controller of Rationing and Director of Civil Supplies issued Show Cause Notices dtd. 2/5/2012 and 16/5/2012 to the Applicant under Sec. 6-B of the Essential Commodities Act, 1955. Eventually, on 5/2/2013 the Respondent No.1 passed an order directing confiscation of 52000 black oil and 8000 kgs grease, alleged to be adulterated, the sale thereof and credit of the sale proceeds with the State.