MAGANLAL LALJIBHAI Vs. STATE OF GUJARAT
LAWS(GJH)-2001-2-78
HIGH COURT OF GUJARAT
Decided on
February 23,2001
Maganlal Laljibhai
Appellant
VERSUS
STATE OF GUJARAT
Respondents
Referred Judgements :-
K. V. ALI MUTHU AND CO. V. STATE OF GUJARAT AND ORS. [REFERRED TO]ARVINDKUMAR VS. STATE OF GUJARAT [REFERRED TO]
JUDGEMENT
KUNDAN SINGH, J. -
(1.)By means of this petition, the petitioner has sought for quashing the order dated 7 -9 -1995 passed by the first respondent, i.e. State of Gujarat and the order dated 30 -8 -1993 passed by the second respondent, i.e. District Supply Officer, Rajkot. The petitioner is doing business of foodgrains at Upleta, District Rajkot. On 9 -6 -1993, inspection was carried out by the Deputy Collector, Gondal. He foumd 1336 kgs. of Til valued at Rs. 17,368.00, wheat about 40200 kgs. valued at Rs. 1,40,700.00 and Adad about 5100 kgs. valued at Rs. 30,600.00, total value at Rs. 1,88,668/ - and he found the following irregularities and defects:
1. Til stock of 1336 kgs. was kept at the place other than that of place of business and this stock has been stored without making registering the same in the stock register.
2. Unaccounted stock of wheat of 402 bags weighing 40200 kgs. was kept and this stock was not registered in the Stock Register.
3. The Board of prices and stocks have not been kept.
4. At the place other than the place of business, the stock of Adad of 5100 kgs. was found. No evidence or proof was produced for the purchase of the same and that stock was not mentioned in the stock register. The storage of the stock was unauthorised.
(2.)The proceedings were initiated under Section 6 -A of the Essential Commodities Act against the petitioner wherein the written submissions, explanation and the submissions of the parties were considered. The District Supply Officer vide his order dated 23 -10 -1993 passed the order forfeiting the stock seized during the investigation on 9 -6 -1993. The Til and Adad were forfeited 100% while 25% of the wheat stock was forfeited. The petitioner being aggrieved from the order of the District Supply Officer preferred Appeal No. 525 of 1993 under Section 6 -C of the Essential Commodities Act, 1995 before the State Government ("Food and Supplies Department, 14 Sardar Bhavan, 6th Floor, Sachivalaya, Gandhinagar").
(3.)After considering the material on record and the submissions of the parties, the appeal was dismissed by order dated 7 -9 -1995.
1. Til stock of 1336 kgs. was kept at the place other than that of place of business and this stock has been stored without making registering the same in the stock register.
2. Unaccounted stock of wheat of 402 bags weighing 40200 kgs. was kept and this stock was not registered in the Stock Register.
3. The Board of prices and stocks have not been kept.
4. At the place other than the place of business, the stock of Adad of 5100 kgs. was found. No evidence or proof was produced for the purchase of the same and that stock was not mentioned in the stock register. The storage of the stock was unauthorised.
(2.)The proceedings were initiated under Section 6 -A of the Essential Commodities Act against the petitioner wherein the written submissions, explanation and the submissions of the parties were considered. The District Supply Officer vide his order dated 23 -10 -1993 passed the order forfeiting the stock seized during the investigation on 9 -6 -1993. The Til and Adad were forfeited 100% while 25% of the wheat stock was forfeited. The petitioner being aggrieved from the order of the District Supply Officer preferred Appeal No. 525 of 1993 under Section 6 -C of the Essential Commodities Act, 1995 before the State Government ("Food and Supplies Department, 14 Sardar Bhavan, 6th Floor, Sachivalaya, Gandhinagar").
(3.)After considering the material on record and the submissions of the parties, the appeal was dismissed by order dated 7 -9 -1995.
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