IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION NO. 50 of 2012 ======================================================

STATE OF GUJARAT Versus PATEL PROTEINS PVT.LTD.

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Appearance:

ROHAN RAVAL, APP , APP for the Applicant(s) No. 1 MR NILESH R KOYANI(5129) for the Respondent(s) No. 1 MR PREMAL R JOSHI(1327) for the Respondent(s) No. 1 ======================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL Date : 11/02/2026

ORAL ORDER

1. Rule returnable forthwith. Learned Advocate Mr. Premal R Joshi waives service of rule on behalf of the respondent –

State.

2. The State, by way of the present Revision Application, has challenged the judgment and order dated 26.02.2010 passed below Exh.-10 by the learned Additional Sessions Judge, Gondal in Criminal Appeal No. 34 of 2008. By the said judgment, the appeal filed by the respondent herein came to be partly allowed and the order of confiscation dated 04.11.2008 was modified. The learned Appellate Court ordered confiscation of 50% of the stock of 4,581 kilograms of wheat valued at Rs. 41,232/- and directed that the remaining 50% of the stock be released to the respondent in accordance with law to the respondent herein.

3. The facts in nutshell are as follows:

3.1 That the respondent herein was engaged in the business of purchasing wheat and processing the same into wheat flour, soji and rava, and thereafter supplying fortified wheat flour to the Gujarat State Civil Supply Department after proper packaging. On 29.07.2008, during a checking carried out by the applicant authority, certain irregularities were found in the respondent’s premises, which are as under:

(i) That the respondent did not maintain the Register of articles upto the date of checking and it was updated upto 27.07.2008. Thus, the correct, true and actual accounts was not maintained by the respondent – agency and thereby committed breach of Section 9 of the Essential Commodities Act, 1977.

(ii) At the time of checking, the actual stock of essential commodities article was examined with the stock register in the presence of Panch wherein deficit stock of 77773 kilogram of wheat was found against which total 47231 kilogram of manufacturing stock was found more than the actual and by adjusting the said manufacturing stock also there was deficit in stock of wheat of 30542 kilogram for which no satisfactory explanation was given by respondent and thus by not maintaining true and correct stock of wheat respondent-firm committed breach of Section 9 of the Gujarat – Essential Commodities (Control and Regulation of Business) order 1977. (iii) Price/Stock Board of Food Articles stating the particulars as per prevalent procedure was not maintained and thereby committed breach of Section 3 of the Gujarat – Essential Commodities (Control and Regulation of Business)

order 1977.

(iv) Thus, upon found the above referred irregularities, the respondent committed breach of Sections 3 and 9 of the Gujarat – Essential Commodities (Control and Regulation of Business) order 1977 and hence the wheat stock of 30,542 kilogram valued at Rs.2,74,878/- was seized.

(v) Thereafter, a show-cause notice came to be issued on 08.09.2008 by the applicant, narrating the irregularities committed by the respondent. In response of the showcause notice, a written reply was submitted by respondent wherein it has been denied that any irregularities were committed by it.

(vi) Thereafter, the Collector, Rajkot having heard the respondent and considering the documentary evidence so available on record of the case, passed an order of confiscation No. PRV-TPS-6-A/CASE-3/08 dated 04.11.2008 whereby out of total wheat stock of 30,542 kilogram valued at Rs.2,74,878/-, 15% stock i.e 4581 kilogram of wheat valued at Rs.41,231.70 paise was ordered to be confiscated.

(vii) Against the said order of confiscation No. PRV-TPS-6- A/CASE-3/08 dated 04.11.2008 passed by the District Collector, R