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2013 Supreme(Bom) 2624

K.U.CHANDIWAL
Shree Shakti Enterprises – Appellant
Versus
Controller of Ration and Director of Civil Supplies – Respondent


Advocates Appeared:
Mr. N.V. WALAWALKAR, Senior Advocate a/w. Mr. S.M. SABRAD, Mr. ARUN MEHTA & Ms. SONIKA MEHTA i/b. M/s. AKSHAR LAWS, Advocate for the Petitioner
Mr. P.A. POL a/w. Mr. S. SURYAWANSHI i/b. M/s. POL LEGAL JURIS, Advocate for the Applicant in Revn.226/13
Mr. D.R. MORE@ Mr. S.S. PEDNEKAR, A.P.P. for Respondent No.2 - State

JUDGMENT :

The group matters are heard together and decided finally. The petitioners and revision applicants are dealing with the commodities including rice, pulses, spices. They possess requisite licences issued by Food and Supply Department (respondent) under the rules. On 21st July, 2012, the officers of Rationing Department and Civil Supply visited the warehouses in Vashi, New Mumbai. It revealed that the petitioners, as traders had changed the warehouses from the one which was permitted under the licence condition. It was expected under the conditions of Licence in Form C at Clause 2 of the Maharashtra Scheduled Commodities Wholesale Dealers' Licensing Order, 1998, to have communicated such change within 48 hours. However, change in the place of storage/warehouse was not communicated. Hence, prosecution under Section 6 of Essential Commodities Act including confiscation of seized pulses, rice, grains. The order of confiscation was challenged in appeal under Section 6-C of the Essential Commodities Act 1955 before the learned Additional Sessions Judge, Thane. However, the appeal was dismissed and hence, the writ petition.

2. The learned Senior Counsel appearing for petitioners cr







































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