1. The present Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure has been preferred by the applicant-State of Gujarat challenging the impugned judgment and order dated 01/011/2004 passed by the learned Assistant Sessions Judge, Nadiad below Essential Commodities Act Criminal Appeal No.
55/2001 by which the learned appellate Court has allowed the said appeal preferred by the respondent by quashing and setting aside the order passed by the learned Collector, Kheda dated 12/10/2001 in Civil Supply/6-A/Case No. 48/2001 by which the Collector passed an order to confiscate 25% of wheat and rice i.e. in all amounting to Rs. 9,150/- and the proceedings were initiated against the respondent under the provisions of the Essential Commodities Act for the irregularities committed as mentioned in the show cause notice. Even bajra worth Rs. 4,40,000/-, wheat worth Rs. 24,000/- and rice worth Rs. 12,900/- came to be seized but after holding necessary inquiry the Collector held the irregularities proved with respect to wheat and rice and consequently passed an order dated 12/10/2001 confiscating 25% of wheat and rice i.e. in all amounting to Rs. 9150/-. The aforesaid order passed by the Collector has been set aside by the learned appellate Court-learned Assistant Sessions Judge, Nadiad vide impugned judgment and order dated 01/11/2010 mainly on the ground that the irregularities which are held to be proved are not serious and that the original case papers are not produced before him. Being aggrieved and dissatisfied with the impugned judgment and order passed by the learned appellate Court-learned Assistant Sessions Judge, Nadiad dated 01/11/2004 in Essential Commodities Act Criminal Appeal No. 55/2001, the applicant-State has preferred the present Criminal Revision Application.
2. Though served, nobody appears on behalf of the respondent.
3. Having heard Shri L.B. Dabhi, learned APP appearing on behalf of the applicant-State and considering the impugned order passed by the learned appellate Court and considering the order passed by the learned Collector, Kheda dated 12/10/2011 and the reasons given by the learned appellate Court, it appears to the Court that the impugned judgment and order passed by the learned appellate Court quashing and setting aside the order of the learned Collector confiscating 25% of wheat and rice, total amounting to Rs. 9,150/-, cannot be sustained. Merely because the irregularities were found to be technical and/or were not serious is no ground not to confiscate any goods. Even on the ground that the original papers were not produced before the learned appellate Court was no ground to set aside the well reasoned order passed by the Collector. In the facts and circumstances of the case, it appears to the Court that the learned Collector did not commit any error and/or illegality in confiscating 25% of the wheat and rice, total amounting Rs. 9,150/-, which warranted interference by the learned appellate Court.
4. In view of the above, the present Criminal Revision Application is allowed and the impugned judgment and order passed by the learned Assistant Sessions Judge, Nadiad dated 01/11/2004 in Essential Commodities Criminal Case No. 55/2001 is hereby quashed and set aside and the order passed by the learned Collector, Kheda dated 12/10/2001 in Civil Supply/6-A/Case No. 48/2001 is hereby restored. Rule is made absolute accordingly.
(M.R. SHAH, J.) siji