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HIGH COURT OF GUJARAT
MR. JUSTICE PRANAV TRIVEDI, J
RAJENDRABHAI RAVJIBHAI SOLANKI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. Present revision application under Section 397 read with Section 401 of the Code of Criminal Procedure is preferred challenging the legality and validity of judgment and order dated 11.12.2025 passed in Criminal Appeal No. 353 of 2014 by the learned Additional Sessions Judge, Court No.20, City Civil & Sessions Court, Ahmedabad which, inter alia, dismissed the appeal preferred by the revisionist-applicant and confirmed the order dated 24.9.2014 passed by the Additional Collector and District Supply Officer, Ahmedabad in exercise of powers under Section 6-A of the Essential Commodities Act, 1955.
2. The facts leading to filing of the present revision application is that the revisionist applicant is the authorised distributor of Indian Oil Company Limited (hereinafter referred to as ‘IOCL’) and was issue retail licence for dealing with the Liquified Petroleum Gas (LPG) Products. A surprise inspection was carried out at the premises of the applicant by the authorities on 1.10.2013. The inspection was carried out in presence of panchas and it was noticed that there was little discrepancy with regard to stock of LPG bottles. It was further found that total 340 LPG bottles weighi
The absence of explicit mention of Control Order violations in a confiscation notice does not invalidate enforcement actions under the Essential Commodities Act.
The court held that timely compliance with licensing requirements negates grounds for confiscation, emphasizing the necessity of just legal procedures.
The court affirmed that proper procedural adherence under the Essential Commodities Act is essential for confiscation, and failure to comply with licensing conditions justifies such actions.
The central legal point established in the judgment is the interpretation of the provisions of the Essential Commodities Act, 1955 and the relevance of the permit granted by the Municipal Corporation....
Special Acts like The Essential Commodities Act prevail over general provisions of Cr.P.C. regarding confiscation.
Confiscation orders under the Essential Commodities Act are invalid if the statutory procedure, including notice and opportunity to be heard, is not followed.
The independent nature of proceedings for confiscation of essential commodities and the requirement of providing a notice in writing informing the owner of the grounds for proposed confiscation, as m....
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