STATE OF RAJASTHAN Vs. SUDHIR TAK

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. claiming the following reliefs:

(2.) Learned counsel for the petitioners submit that the matter is squarely covered by the judgment rendered by a coordinate Bench of this Court in Karamjeet Singh Vs. State of Rajasthan (S.B.Criminal Revision Petition No.1361/2014 alongwith six other connected matters, decided on 02.02.2016), wherein the following order had been passed:-

(3.) These orders as well as the State Government's Control Order of 1990 have all been issued under Section 3 of the E.C. Act. They submit that the Central Government's Control Orders would have an over-riding effect on a Control order issued by the State Government as they all cover the same subject. They rely on the notification dated 10.04.2006 issued by the State Government under the Control Order, 2005 whereby, officers not below the rank of Additional DSO have been authorised to take action under the said Control Order. They further contend that under the Control Order of 1999, retail sale of petroleum products upto 2500 ltrs. is permissible to one person at a time. Thus, they contend that the restriction contained in the State Government's Control order, 1990 putting a cap. of 1,000 ltrs. on possession, storage and sale of petroleum products runs contrary to the Central Government Control Orders. They urged that admittedly the seizures in question were made by the Enforcement Officers who are not authorised to act under the Central Government's Control Orders, 2005 and 1999 and therefore, the whole search and seizure proceedings are vitiated and consequently, the orders of confiscation passed by the District Collector and the appellate court's orders are totally illegal and deserve to be set aside. They further contend that the diesel was seized while it was in the process of being transported and therefore also, the Control Order of 1990, which only deals with storage, has no application to the cases at hand.