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 has prayed for quashing and setting aside the order dated 14.05.2010 passed by learned Special Judge, Amreli, in Criminal Appeal (Essential Commodities Act) No.12/2010 confirming the order dated 31.03.2010 passed by Collector, Amreli, whereby, Collector ordered to confiscate 100 % seized stocks (4196 liters of Petrol) from the petrol pump of the applicant worth of Rs.2,01,533/-.

2) Heard Mr. M.B. Parikh, learned counsel for the applicant and Mr. Rohan Raval, learned APP for the respondent.

3) Brief facts of the case are that, the applicant was running Petrol Pump named Aditya Petroleum and dealing in petroleum products of Essar Oil at village Vanda, District Amreli, since last many years. That on 12.12.2009, inspection was carried out by the authority at the business premise of the applicant and found certain irregularities like

(i) stock patrak was updated upto 10.12.2009

(ii) density register is not maintained

(iii) price list is not mentioned on the Board

Therefore, the authority had seized 4196 liters of petrol worth of Rs.2,01,533/- on 12.12.2009 after following necessary panchnama.

4) Learned counsel for the applicant – State has submitted that the order passed by Collector and confirmed by learned Sessions Court are not just in the eye of law so also contrary to the facts on record of the case as pursuant to the show-cause notice, the applicant remained present through his advocate and explained all the so called irregularities mentioned in the show-cause notice. However, Collector has ordered to confiscate 100 % seized stocks of petrol. As per the Gujarat Essential Commodities (Control and Regulation of Business) Order, 1981, stock patrak was not updated, density register is not maintained and price list is not mentioned on the Board and the applicant had admitted that why the same were not maintained by him. The applicant was not maintaining the density register and also not maintaining price display board. Due to social engagement, the applicant could not maintain the same but the same were produced before the Collector at the time of hearing of proceedings and there was no any default on the part of the applicant. So far irregularities qua price list was not maintained, it is submitted that price list was submitted upto 10.12.2009 and inspection was made on 12.12.2009 and merely price list of current date is not maintained, does not amount to any negligence or irregularities on the part of the applicant. It is also submitted that, learned Sessions Judge failed to consider that it was incumbent upon the applicant to maintain true and correct account of stock under the Order, 1981 and thereby, the applicant was not maintaining true and correct record and it has not been signed by the competent authority. In such submissions, learned counsel for the applicant has prayed to allow the revision application and quashed the order of Collector and learned Addl. Sessions Judge.

5) Learned APP for the respondent State has opposed the revision application and stated that, when the inspection was made at the business premise of the applicant, certain irregularities were found and in violation of Order, 1981, the authority had seized stocks, which had been rightly confirmed by learned Addl. Sessions Judge. Hence, present application may not be allowed.

6) Perusing the order passed by Collector, it appears that the authority had visited the petrol pump of the applicant and found some irregularities. As a result, the stocks of petrol was seized. Case was registered under the Gujarat Essential Commodities Act.

7) Pursuant thereto, a show-cause notice was issued, and the applicant filed his written reply explaining the allegations made by the authority. However, the Collector vide order dated 12.10.2009, directed confiscation

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