Gujarat High Court
Dcm vs State on 22 March, 2011
Author: P.P.Bhatt
Bench: P.P.Bhatt
Gujarat High Court Case Information System
Print
SCR.A/1045/2006 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1045 of 2006
For
Approval and Signature:
HONOURABLE
MR.JUSTICE P.P.BHATT
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
DCM
SHRIRAM CONSOLIDATED LTD & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
SV RAJU WITH MR CHETAN K PANDYA
for
Petitioner (s) : 1 - 2.
MR KP RAVAL, APP for Respondent(s) :
1,
RULE SERVED BY DS for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 22/03/2011
ORAL
JUDGMENT
1. The present petition is filed under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, inter alia, praying for issuance of a writ of Mandamus and/or Certiorari and/or any other writ, order or direction directing to quash and set aside the order dated 29.04.2006 at Annexure-A to the petition passed by learned Additional Sessions Judge, Fast Track Court No.3, Bharuch camp at Ankleshwar so far is against the petitioners including confiscating Furnace Oil upto 5% of 822.002 MT valued at Rs.6,76,650/-.
2. Heard learned Senior Advocate Mr.S.V.Raju for the petitioners and learned APP Mr.K.P.Raval for the respondent State.
3. The short question involved in the matter is that the District Magistrate, Bharuch passed an order on 23.12.2005 mainly on the ground that the petitioners were not having required licence and that is why, the District Magistrate ordered to confiscate the goods in question. Thereafter, the appeal was filed before the District and Sessions Court being Criminal Appeal No.37 of 2005 challenging the said order of the District Magistrate.
4. Learned advocate for the petitioners invited attention of the Court to the licence issued by the District Magistrate which is produced along with the petition at page 32 - Annexure-E to the petition. The date of issuance of this licence is 22.12.2005. Thus, it appears that before the order passed by the District Magistrate on 23.12.2005, the licence was issued on 22.12.2005. It also appears that the show cause notice was issued on 21.12.2005 and the hearing was fixed on 22.12.2005 and on the very next date i.e. on 23.12.2005 the order was passed by the District Magistrate. It also appears that the Government vide its communication dated 14.11.2005 issued by the Civil Supplies Department indicates that the licence is to be collected on or before 31.12.2005. It also appears that the petitioners have applied for licence on 16.1.2002, but the said application was misplaced and, therefore, fresh application was made by the petitioners on 20.10.2005. In response to the said application and also in response to various reminders sent by the petitioners, the licence was issued by the District Magistrate on 22.12.2005.
5. On perusal of the orders passed by the District Magistrate, Bharuch as well as learned Additional Sessions Judge, Fast Track Court, Bharuch camp at Ankleshwar, it appears that the decision was taken keeping in mind the fact that the petitioners were not possessing / holding valid licence. The petitioners have produced the licence issued by the District Magistrate at Annexure-E page 32 of the petition for the first time before this Court.
6. Considering the aforesaid factual matrix of the present case, the matter is required to be remanded to the District Magistrate, Bharuch so as to enable him to decide the case against the petitioners denovo after perusal of the licence which is produced along with the petition at Annexure-E page 32 of the petition.
7. In the result, this petition succeeds and the same is allowed. The order passed by learned Additional Sessions Judge, Fast Track Court, Bharuch camp at Ankleshwar in Criminal Appeal No.37 of 2005 dated 29.4.2006 as well as the order dated 23.12.2005 passed by the District Magistrate, Bharuch in Case No.89 of 2005 are quashed and set aside. The matter is remanded to the District Magistrate, Bharuch so as to enable him to decide the case against the petitioners denovo after perusal of the licence which is produced along with the petition at Annexure-E page 32 of the petition. The petitioners are directed to produce a copy of the licence before the District Magistrate, Bharuch for his perusal. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(P.P.BHATT,J) pathan Top