KANJI KALYANJI AND CO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith.

(2.) Heard the learned counsel for the petitioners and the learned P. P. for the state.

(3.) The petitioner firm has approached this court for invoking its extraordinary jurisdiction under article 226 of the Constitution of India and also inherent powers under section 482 of the Cr. P. C. being aggrieved by the refusal on the part of the respondent state in cancelling the bank guarantee bearing G-2-292 dated 16-8-85 drawn on Union Bank of India and kept alive for more than 21 years for the reason that the bank guarantee was required to be furnished by the petitioners pursuant to the orders passed by the respondent Deputy Controller of rationing, G-Region Office, Kandivali (West) , mumbai 400 067 vide his order dt. 16-8-85 further clarified vide order dt. 25-10-1985 under which the stock of 125,635 kg of Edible Oils and Vanaspati valued at Rs. 20,93,310/- came to be confiscated to the Government in view of the fact that the goods being perishable ordered them by way of disposal of the said stock, the same may be released to the petitioner M/s. Kanji kalyanji and Co. on production of Bank guarantee of the equivalent amounts till the decision of the court case against them.