IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION NO. 532 of 2009 With R/CRIMINAL REVISION APPLICATION NO. 533 of 2009 FOR APPROVAL AND SIGNATURE:

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

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

STATE OF GUJARAT & ANR.

Versus JAYKISHAN KESHAVLAL FULVANI C/O SHREE HAREKRISHNA OIL ENTERP ==========================================================

Appearance:

MR ROHAN RAVAL, APP for the Applicant(s) No. 1,2 MS ARCHANA ACHARYA, ADVOCATE for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 18/03/2026

COMMON JUDGMENT

1) By way of revision applications 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 orders dated 30.09.2008 passed by learned Additional Sessions Judge, Palanpur, in Appeal Nos.29 and 30 of 2007, whereby, learned Addl. Sessions Judge has been pleased to allow the appeals filed by the respondent by quashing the orders passed by Collector, Banaskantha.

2) Heard Mr.Rohan Raval, learned APP for the applicant – State and Ms.Archana Acharya, learned counsel for the respondent.

3) Brief facts of the case are that, on 25.05.2007, while one loading rickshaw bearing registration No.GJ-8V-1904 was passing from Shivdham Rasana Patiya of Deesa Highway, which was stopped and enquired about the stock of edible oil found from the loading rickshaw and the said stock was without bill carried from Chandisar GIDC to Gandhi Chowk, Deesa, it was seized by the authority. During the course of inspection, many alleged irregularities were committed by the respondent-dealer in violation Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981 and Gujarat Essential Articles Dealers (Regulation) Order, 1977. Therefore, the respondent was issued notice under section 618 of the Essential Commodities Act dated 4.07.2007. On service of the notice, respondent appeared through advocate and submitted his reply. After hearing the respondent, respondent No.2 Collector was not satisfied with the explanation furnished by the respondent and ordered to confiscate 50 % of stock seized by orders dated 19.09.2007. Being aggrieved by and dissatisfied with the orders of respondent No.2 - Collector, the respondent preferred Appeal Nos. 29 and 30 of 2007 in the Court of learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Palanpur, in which, the learned Addl. Sessions Judge vide orders dated 30.09.2008 has been pleased to allow the said appeals and set aside the orders passed by the Collector dated 19.09.2007.

Hence, present revision applications preferred by the State.

4) Learned APP for the applicant – State has submitted that edible oil and seeds are not falling within the purview of the Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981; that during the course of inspection, statement of person in charge was recorded wherein irregularities mentioned in the show-

cause notice have been admitted and not followed. Therefore, in the written reply to the show cause notice, the respondent might have not admitted certain irregularities, which does not mean that there is no admission of irregularities. It is also submitted that, learned Sessions Judge failed to consider that it was incumbent upon the respondent to maintain true and correct account of stock under the Order, 1977 and thereby, the respondent was not maintaining true and correct record and it has not been signed by the competent authority. No bill book was maintained and produced either at the time of inspection or at the time of hearing to the show-cause notice; that the order passed by learned Addl. Sessions Judge is based