IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (FOR MUDDAMAL) NO. 1216 of

2024 ==========================================================

M/sR.R.INDUSTRIES THRO SAIYED RIZWAN RAJUMIYA Versus COLLECTOR, BHAVNAGAR & ORS.

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Appearance:

MR RJ GOSWAMI(1102) for the Applicant(s) No. 1 MR VATSAL M PATEL(13752) for the Applicant(s) No. 1 for the Respondent(s) No. 1 MS KRINA CALLA, APP for the Respondent(s) No. 3 ==========================================================

CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 22/08/2024

ORAL ORDER

Mr. R. J. Goswami, learned advocate stated that present revisionist is impugning order dated 15/07/2024 of the learned Sessions Judge, Bhavnagar since the learned District Judge in Criminal Appeal No.60 of 2024 has failed to observe the earlier remand order passed in Criminal Appeal No.122 of 2023 where the predecessor judge has very specifically noted that the confiscation is permissible only if the provision of any order made under Section 3 of the Essential Commodities Act, 1955, have been violated and a clear finding in this regard must be given by the concerned authority in the order that how Section 3 of the Essential Commodities act, 1955 has been violated.

Mr. Goswami, learned advocate submitted that the learned Judge has further noted that there is no clear finding given by learned District Magistrate pertaining to violation made by the appellant-original opponent no.2 under Section 3 of the Essential Commodities Act, 1955 or under any other Rules or Act, and hence, under the said circumstances the order of confiscation passed under the provision of Section 6A of the Essential Commodities Act, 1955 are not found to be sustainable. Hence, on that basis, the learned Sessions Judge had remanded back to the authority concerned to decide the same afresh while considering the observations made by the Hon’ble Apex Court.

Mr. Goswami, learned advocate submitted that the order of the learned Sessions Judge, Bhavnagar was required to consider whether the district magistrate has given decision on the issue which was remanded by the earlier predecessor judge.

Mr. Goswami, learned advocate submitted that the decision of the District Magistrate thereafter, has referred to “The Solvent, Reffinate and Slop (Acquisition, Sale, Storage and Prevention of use in Automobiles) Order, 2000”. While the earlier notice does not reflect to such Order 2000. Hence, the learned Sessions Judge, Bhavnagar in order dated

15/07/2024 has failed to take this fact into notice.

At this stage, Ms. Krina Calla, learned APP has sought time to take instructions and has stated that verification from the file of the District Magistrate would be necessary.

In the result, Rule, returnable on 05/09/2024. Learned APP waives service of notice of Rule on behalf of respondent-

State.

In the meantime, the confiscation order dated

05/03/2024 is ordered to be stayed and status quo of the product be maintained.

(GITA GOPI,J)

ILA