In a criminal miscellaneous application, the High Court of Gujarat, relying on statutory advertisement proceedings, granted leave to appeal noting the accused failed to rebut statutory presumption.
Leave to appeal is granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/3837/2022 ORDER DATED: 07/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 3837 of 2022
In
R/CRIMINAL APPEAL NO. 404 of 2022
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HARESHKUMAR DURLABHBHAI GATECHA PROP. OF SHREEJI MARKETING Versus STATE OF GUJARAT
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Appearance:
MR BRIJ V SHETH(10594) for the Applicant(s) No. 1 for the Respondent(s) No. 2,3 HARSHIT M KARATHIA(7916) for the Respondent(s) No. 2 MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE GITA GOPI Date : 07/12/2022 ORAL ORDER
Mr. Sheth, learned advocate for the
applicant submits that in answer to the reply
to the statutory notice, the accused have
admitted supply of goods and further submits
that there should not have been any dispute
with regard to complainant being a
distributor and the learned Trial Court Judge
has failed to appreciate that the accused
have not rebutted the statutory presumption.
Considering the submissions made, leave
to appeal is granted.
(GITA GOPI,J)
Maulik
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HARESHKUMAR DURLABHBHAI GATECHA PROP. OF SHREEJI MARKETING
STATE OF GUJARAT
GITA GOPI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court