Heard Mr.Premal Joshi, learned advocate for the petitioner. As far as the interim relief is concerned, it reflects from last paragraph of the interim order passed by this Court [ Coram : C.K.Buch, J. ] which reads as under :
"The backbone of the submission made by Ld.
Counsel Mr.Premal Joshi for the petitioner today is that actually the Benzene was found in possession of the petitioner and it was exempted for the purpose of the Essential Commodities Act in view of the Amending Order dated 21.11.2001 (Annexure.G P.18)."
Learned advocates for the respective parties took me to Annexure-G pg.18 and drawn attention of this Court to Clause-1(ii) which reads as under :
"It shall come into force on the date of its publication in the official Gazette."
Relying on the aforesaid and after showing the original copy of Gazette, it is argued by the learned APP Mr.Pancholi for the State that it has been published in Gazette on 27th June, 2003 and therefore, the order dated 30.7.2004 passed by this Court on the basis of Annexure-G is required to be modified.
I entirely agree with the argument advanced by the learned APP Mr.Pancholi for the State keeping in mind the date of publication of Gazette i.e. 27th June, 2003, the order passed by this Court dated 30.7.2004 since based on Annexure-G, requires to be modified.
However, at this stage, Mr.Joshi seeks time by tomorrow to have instructions. Considering the request, time granted as desired by him.
S.O. to 17.1.2005.
[ R.P.Dholakia, J.] #kailash#