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NEUTRAL CITATION

R/CR.RA/645/2009 JUDGMENT DATED: 23/03/2026

0.3229689540788524

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION NO. 645 of 2009

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ==========================================================

Approved for Reporting Yes No ==========================================================

STATE OF GUJARAT & ANR.

Versus RANJITBHA GANGABHAI KHUNTI ==========================================================

Appearance:

MR ROHAN RAVAL, APP for the Applicant(s) No. 1,2 RULE SERVED for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 23/03/2026

JUDGMENT

1) By way of revision application under Section 397 (section 438 of BNSS) read with Section 401 (Section 442 of BNSS) of the Code of Criminal Procedure, 1973 (for short “CrPC”), the applicant – State has prayed for quashing and setting aside the judgment and order dated 15.06.2009 passed by learned Additional Sessions Judge, Rajkot, in Appeal No.08 of 2002, whereby, learned Addl. Sessions Judge has been pleased to allow the appeal filed by the respondent by quashing the order passed by District Supplying

OfÏcer, Rajkot dated 18.06.2002.

2) Heard Mr.Rohan Raval, learned APP for the applicant – State .

Though served, none appears for the respondent.

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NEUTRAL CITATION

R/CR.RA/645/2009 JUDGMENT DATED: 23/03/2026

0.3229689540788524

3) Brief facts of the case are that, on 29.04.2002, Mamlatdar, Kotdasangani inspected the business premises of the respondent who is dealer in free sale kerosene doing business in the name of Maruti Traders. During the inspection, Mamlatdar found certain irregularities. Upon following necessary procedure and recording the statement of respondent, seizure order came to be passed on 29.04.2002 of about 66 liters of kerosene in respect of which irregularities were found in breach of Control Order. Pursuant to the same, District Supply OfÏcer issued a show-cause notice on 23.05.2002 under the provisions of Essential Commodities Act. The respondent appeared before the District Supply OfÏcer and filed his written reply dated 03.06.2002. District Supply OfÏcer passed an order of confiscation of 2000 liters Kerosene out of 6630 liters of kerosene seized on 19.06.2002. Being aggrieved by the same, the respondent preferred an appeal being Appeal No.08/2002 before the Court of learned Additional Sessions Judge, Rajkot, which came to be partly allowed and modified the order of District Supply OfÏcer to the effect that out of 2000 liters seized kerosene, 1000 liters of free sale kerosene was ordered to be released. Hence, present revision application preferred by the

State.

4) Learned APP for the applicant – State has submitted that the learned Addl. Sessions Judge failed to appreciate that during the course of inquiry under Section 6A of the Act, provides subjective satisfaction of the authority to be recorded for passing the order. But here in this case, learned Addl. Sessions Judge was fully satisfied that the procedure adopted while inspecting to seize the stock, over and above, the learned Addl. Sessions Judge was satisfied that the order of confiscation was also in consonance with the law. However, the trial Court held that since no

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NEUTRAL CITATION

R/CR.RA/645/2009 JUDGMENT DATED: 23/03/2026

0.3229689540788524

opportunity of cross-examination of the panchwitnesses was provided, for that part of the inquiry, the order is held to be against the procedure. It is also submitted that, since the stock registers were not properly maintained and deficit of stock of nearly 2740 liters of kerosene was found and therefore, there was all probabilities of black marketin