Case Note & Summary
The State of Gujarat filed a Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, aggrieved by the order dated 30.03.2012 passed by the learned Additional District and Sessions Judge, Bhavnagar in Criminal Appeal No. 18 of 2010. The appellate court had partly allowed the appeal of the respondent, Bhagvati Enterprise's Proprietor Sureshbhai Nandlal Tanna, and modified the order of confiscation of Rs. 1,98,945/- passed by the Collector, Bhavnagar on 16.06.2010, reducing it from 100% to 20%. The facts leading to the case are that the District Supply Officer, Bhavnagar carried out a checking on 22.09.2009 of the respondent's premises and found certain irregularities, leading to the confiscation order. The respondent appealed against the confiscation, and the appellate court reduced the confiscation to 20%. The State, being dissatisfied, filed the present revision. The High Court noted that the respondent had been served with notice but remained absent. The court examined the record and found that the appellate court had exercised its discretion judiciously and that the reduction was justified. The court held that there was no error or illegality in the impugned order warranting interference in revision. Accordingly, the revision application was dismissed.
Headnote
A) Criminal Procedure - Revision - Confiscation - Essential Commodities Act, 1955 - Appellate court's power to modify confiscation order - The State challenged the appellate order reducing confiscation from 100% to 20% - The High Court held that the appellate court had discretion to modify the confiscation order based on the facts and circumstances, and the reduction was justified - Held that no interference was required in revision (Paras 4-6).
Issue of Consideration
Whether the appellate court was justified in reducing the confiscation of Rs. 1,98,945/- from 100% to 20% under the Essential Commodities Act, 1955.
Final Decision
The High Court dismissed the revision application, upholding the appellate court's order reducing confiscation to 20%.
Law Points
- Confiscation under Essential Commodities Act
- 1955
- Appellate court's power to modify confiscation order
- Proportionality in confiscation
- Service of notice in revision proceedings
