HYNOUP FOOD AND OIL INDUSTRY LTD Vs. STATE OF GUJARAT
LAWS(GJH)-2006-5-12
HIGH COURT OF GUJARAT
Decided on May 02,2006

HYNOUP FOOD AND OIL INDUSTRY LTD. Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.) BY way of this petition, the petitioner has challenged the order of the respondent No. 2. the Deputy Director of Civil supplies, Gandhinagar dated 9. 3. 2000 whereby the respondent No. 2 suspended producer as well as wholesale licences of the petitioner.
(2.) ON perusal of the documents placed on record it appears that the petitioner is dealing in production of Cotton Seed Oil under the Producer Licence No. 34/84 and selling of ground-nut oil under wholesale Licence no. 148/84. On 17. 6. 1999, an inspection was carried out by the Food Inspector on the premises of the petitioner and he collected two samples of ground nut oil which were sent to the analyst. Since the said samples, as per the report of the analyst, did not meet with the prescribed standard, a complaint under the Food Adulteration Act came to be filed before the competent authority. Pursuant to that after a lapse of about nine months, though, no new circumstances had taken place, the licence of the petitioner for producer as well as wholesale were suspended by the respondent No. 2. From the record it also emerges that the petitioner was not given any opportunity of hearing before passing the impugned order. Being aggrieved with the said action of the respondent No. 2, the petitioner has preferred the present petition.
(3.) THIS matter was placed before this Court from time to time. In view of the fact that so far as the manufacturing licence held by the petitioner in respect of cotton seed oil and other product is concerned, no irregularity has been found against the petitioner. In this matter on 22. 3. 2000, this Court passed following order. Mr. P. M. Thakkar, for the petitioner. Rule. Notice as to interim relief returnable on 29. 3. 2000. Direct service is permitted.;


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