SHRI RAVI TRADERS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Misc. Application is directed against the order passed by the learned Judicial Magistrate (F.C.), Sankheda in Criminal Case No.1078 of 1997 below Exhs.9 and 15 deciding that the complaint filed by the present applicant against the opponents for the offence punishable under Section 216 of the Gujarat Panchayat Act, 1993 was hit by Section 468 of the Code of Criminal Procedure and was liable to be dismissed. Criminal Revision Application No.335 of 2004 was preferred by the present applicant in the Court of Sessions Judge at Vadodara and the said Criminal Revision Application No.335 of 2004 came to be dismissed by the learned Presiding Officer, Fast Track Court No.13, at Vadodara on 29th July, 2005 and hence, this application for invoking inherent powers of this Court.

(2.) Section 216 of the Gujarat Panchayat Act, 1993 as was in force on the date of offence pertained to evasion of payment of octroi. It was provided that any person, who with an intention of defrauding the panchayat causes or abets the introduction of or himself introduces or attempts to introduce within the octroi limits of concerned panchayat any animal or goods upon which payment of the octroi due on such introduction has neither, been made nor tendered, or who fails to comply with any direction given by the officer demanding the octroi levied by the authority of panchayat with reference to the introduction of animal or goods within the octroi limits will be liable to be prosecuted and punished, on conviction, with fine which may extend to ten times the amount of such octroi or to two rupees, whichever may be greater.

(3.) It is necessary to note that the said provisions of Section 216 of the Gujarat Panchayat Act, 1993 came to be deleted by Amending Act No.12 of 2001.