Gujarat High Court
Jignesh Kantibhai Kotecha vs State Of Gujarat on 14 March, 2019
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/5189/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5189 of 2019
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JIGNESH KANTIBHAI KOTECHA
Versus
STATE OF GUJARAT
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Appearance:
MR BM MANGUKIYA(437) for the Petitioner(s) No. 1
MS BELA A PRAJAPATI(1946) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4
MR. DHAWAN JAYSWAL, AGP, (99) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 14/03/2019
ORAL ORDER
[1] Learned advocate for the petitioners submits that the petitioner is only holding product named "biodiesel", which is not covered under the Essential Commodities Act. Still the respondent authorities have proceeded under the provisions of Essential Commodities Act and thereby issued seizure order under such provision. Learned advocate draws attention of this Court to Annexure-E, communication addressed by the Under Secretary to the petitioner stating that the product "biodiesel" is not petroleum product and therefore, no licence under the Gujarat Essential Commodities (Licencing Control and Stock Declaration) Order, 1981 is required. He also draws attention of this Court o the notification dated 29.06.2017 by the Ministry of Petroleum to that effect. Learned advocate submits Page 1 of 2 C/SCA/5189/2019 ORDER that as the brother of the petitioner has filed petition for similar relief and interim relief was granted to remove the seals, action against the petitioner is taken by issuing seizure order.
[2] Issue notice returnable on 04.04.2019. [3] In view of the aforesaid, the seizure order dated 06.03.2019 is ordered to be stayed till returnable date. The respondents are ordered to take consequential action. Learned advocate undertakes to provide security commensurating to the seized articles to the satisfaction of the seizure authority.
Direct service is permitted.
(A.Y. KOGJE, J) Siddharth Page 2 of 2