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2000 Supreme(Guj) 847

J.M.PANCHAL, K.R.VYAS, R.K.ABICHANDANI
RAMA FERTILIZERS PRIVATE LIMITED – Appellant
Versus
STATE – Respondent


Advocates Appeared: HARM P.RAVAL, K.C.SHAH, P.M.RAVAL

R. K. ABICHANDANI, J.

( 1 ) ). This Revision Application has been ordered to be placed before the Full Bench in view of the fact that the learned single Judge, who was hearing the application could not agree with the ratio of an earlier decision of a single Judge in Criminal Revision Application No. 410 of 1989 (P. D. Agarwal v. State of Gujarat and Anr.), decided on l lth October, 1990, in which, dealing with a similar case of contravention of Clause 13 of the Fertilizer (Control) Order, 1957 (hereinafter referred to as the Order), the learned single Judge had taken a view that the complaint was barred by limitation prescribed under Sec. 468 of the Code of Criminal Procedure, because such contravention was punishable under Sec. 7 (l) (a) (i) of the Essential Commodities Act, 1955 (the Act for short), with imprisonment for a term which may extend to one year and fine. Since, in the present case also, the complaint was in respect of the contravention of the provisions of Clause 13 of the said Order, the learned single Judge having noticed that such a case did not fall under Sec. 7 (l) (a) (i) of the said Act, which applied to an Order made with reference to the provisions of Clauses















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