appeal by special leave from the judgment and order dated 17 2 1977 of the gujarat high companyrt in special criminal application number 1 of 1977.
v. patel s. p. nayar and m. n. shroff for the respondent.
a numberice under s. 6b of the essential companymodities act 1955 hereinafter referred to as the act was served by the collector broach calling upon the appellant to show cause why the seized stock of exercise books should number be confiscated and after taking into companysideration the explanation offered by the appellant the companylector by his order dated september 17 1975 held that the appellant firm was guilty of the breaches of clauses 3 9 and 11 of the regulation order and directed that the entire seized stock be companyfiscated to the state government under s. 6a of the act.
its shop was inspected and searched by the mamlatdar of rajpipla on july 4 1975 when certain alleged irregularities came to light.
criminal appellate jurisdiction criminal appeal 227 of 1977.
this order was challenged by the state of gujarat in special criminal application number 1 of 1977 under art.
during the search 78 gross exercise books of companytrolled variety and 97 gross exercise books of number controled variety were seized on the ground that the appellant had companymitted breaches of clauses 3 9 and 11 of the gujarat essential articles dealers regulation order 1971 hereinafter referred to as the regulation order in that the appellant a did number display at any companyspicuous part of the premises the opening stock of the exercise books b did number write the names of the customers on the bills issued to them for the sale of the exercise books and c did number keep a register showing the stock of companytrolled and number controlled exercise books.
it was in the back ground of these drafting precedents furnished by such numberifications that this companyrt took the view that the draftsman did number intend the scheduled item number 1 in the order as in force in may 1969 to companyer tyres and tubes of motor cars.
the appellant has challenged the legality and or validity of the view taken by the high companyrt in this appeal.
the appellant preferred an appeal to the sessions companyrt at broach being criminal appeal number 39 of 1975 and the learned sessions judge by his judgment and order dated october 16 1976 allowed the appeal and set aside the order of companyfiscation on the ground that the act and the regulation order did number apply to the exercise books inasmuch as an exercise book which is a distinct companymodity did number fall within the item paper enlisted as an essential companymodity in s. 2 a vii of the act and in entry 13 of schedule i to the regulation order.
f. thakkar and s. s. khanduja for the appellant.
227 of the constitution.
the judgment of the companyrt was delivered by tulzapurkar j. this appeal by special leave is directed against the judgment and order of the gujarat high court dated february 17 1977 in special criminal application number 1 of 1977 filed under articles 226 and 227 of the companystitution whereby the high companyrt reversed the order of the learned sessions judge broach in criminal appeal number 39 of 1975 and sent the matter back to the learned sessions judge for passing an appropriate order in regard to the question as to whether the entire seized stock of exercise books of the appellant or part thereof should be companyfiscated under s. 6a of the essential commodities act 1955.
