2023 (8) TMI 1608

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....NER MR PRANAV TRIVEDI, ASST. GOVERNMENT PLEADER/PP FOR THE RESPONDENT ORAL ORDER (PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV) Heard learned advocate Mr. Bhuvnesh Gahlot for the petitioner and learned Assistant Government Pleader Mr. Pranav Trivedi for the respondent authorities appearing on service of copy of the petition in advance. 2. Following prayers are made in this petition. ....

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.... the respondent authorities to release as well as goods in vehicle no.GJ-02-ZZ-6424 transporting Tobacco weighting 11,390 Kg. worth of Rs. 3,98,650/- immediately from the passing an order by this court in the interest of justice." (E) Your Lordships may be pleased to grant interim order by way of directing the respondent authorities to release goods as well as vehicle No.GJ-02-ZZ-6424 tra....

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....d that the said Section begins with non obstante clause and it is a provision independent of Section 130. In that context, it was submitted that exercise of powers under Section 129 and thereafter switching over to Section 130 and passing order thereunder without availing the petitioner the benefits of release of the goods under Section 129, could be said to be without jurisdiction. 4.1 Learned....