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1989 Supreme(Guj) 77

A.P.RAVANI, J.U.MEHTA
BALDEVBHAI MOTIBHAI PATEL – Appellant
Versus
STATE – Respondent


Advocates Appeared: C.M.JOSHI, H.L.PATEL, S.T.MEHTA

A. P. RAVANI, J. U. MEHTA, J.

( 1 ) THE petitioner is a holder of license issued under the provisions of Essential Commodities Act 1955 and under the relevant provisions of the Gujarat Essential Articles (Licence Control and Stock Declaration) Order 1981 (for short Control Order ). The petitioner is dealing in essential commodity namely kerosene at Dabhoi District Baroda. It was alleged that the petitioner had issued a faked bill in the name of one Gitaben Upadhyay of village Ghandod Dabhoi Taluka showing that 3500 liters of kerosene was sold to her that the signature of the customer on the bill issued was also faked. The stock of kerosene was illegally disposed of elsewhere and correct accounts of the receipt and distribution of kerosene were not maintained as required under the relevant provisions of the Control Order. The detaining authority after going through the material placed before it came to the conclusion that the petitioner had committed breach of the provisions of the conditions of licence issued in his favor and had also committed breach of certain provisions of the Control Order. The detaining authority came to the conclusion that the contravention alleged against the





















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