SUDERSUN CHEMICAL PVT LTDversusSTATE OF GUJARAT

     C/SCA/18005/2023                                    ORDER DATED: 30/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 18005 of 2023

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                    SUDERSUN CHEMICAL PVT LTD & ANR.
                                 Versus
                        STATE OF GUJARAT & ORS.
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Appearance:
MR EKANT G AHUJA(5323) for the Petitioner(s) No. 1,2
MR YH MOTIRAMANI(3720) for the Petitioner(s) No. 1,2
ANGESH PANCHAL AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                              Date : 30/07/2026

                                  ORDER


1.     Heard       learned   advocate     Mr.     Moti      Ramani        for      the
petitioner and learned AGP Mr. Angesh Panchal for the
respondent-State.



2.     By way of the present petition, the petitioner has prayed
for the following reliefs:

       (A) that the Honourable Court be pleased to issue a writ
       of mandamus and/or certiorari and/or a writ in the
       nature mandamus and/or certiorari and/or appropriate
       writ order or direction to quash and set aside:
               (i) order dated 6.04.2023 (copy at Annexure-A
               hereto) passed by respondent no.3 Director,
               Prohibition and Excise Department, Govt. of Gujarat
               in proceedings u/s.54(1) of Gujarat Prohibition Act,


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C/SCA/18005/2023                          ORDER DATED: 30/07/2026




          1949, and


          (ii) order dated 20.07.2023 (copy at Annexure-B
          hereto) passed by respondent no.2 Deputy Secretary,
          Home Department, Govt. of Gujarat in petitioners'
          appeal u / s 137(2) Prohibition Act, 1949. of
          Gujarat Prohibition Act, 1949


  (B) pending the hearing and final disposal of this
  petition, the Honourable Court be pleased to stay the
  operation and implementation of-
          (i) order dated 6.04.2023 (copy at Annexure-A
          hereto) passed by respondent no.3 Director,
          Prohibition and Excise Department, Govt. of Gujarat
          in proceedings u/s.54(1) of Gujarat Prohibition Act,
          1949, and


          (ii) order dated 20.07.2023 (copy at Annexure-B
          hereto) passed by respondent no.2 Deputy Secretary,
          Home Department, Govt. of Gujarat in petitioners'
          appeal u/s.137(2) of Gujarat Prohibition Act, 1949.


  (C) for exparte ad-interim relief in terms of prayer (B)
  above;
  (D) for costs;
  (E) for such other and further relief as the circumstances
  of case may require.



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     C/SCA/18005/2023                      ORDER DATED: 30/07/2026




3.     The only ground canvassed by learned advocate Mr.
Motiramani at this stage is that, along with the show cause
notice issued to the petitioner pursuant to which the exemption
came to be revoked, the Forensic Science Laboratory (FSL)
report was not supplied to the petitioner at the commencement
of the proceedings.


4.     Learned AGP Mr. Angesh Panchal could not dispute the
aforesaid fact. In fact, he has today tendered a communication
addressed to him by the Superintendent of Prohibition and
Excise, Vadodara, stating that the FSL report was not furnished
to the petitioner along with the show cause notice.


5.     In view of the above, learned advocate Mr. Motiramani
has submitted that non-supply of the FSL report along with the
show cause notice amounts to a violation of the principles of
natural justice. Since the aforesaid fact could not be disputed
by learned AGP Mr. Panchal, the impugned order dated
06.04.2023, whereby the exemption granted to the petitioner
came to be revoked, as well as the appellate order dated
20.07.2023 passed by the Deputy Secretary confirming the
same, are hereby quashed and set aside.




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                C/SCA/18005/2023                                                                  ORDER DATED: 30/07/2026




       6.          The respondent authorities are directed to issue a fresh
       show cause notice to the petitioner along with a copy of the
       FSL report and thereafter proceed with the matter de novo.
       The petitioner shall extend full cooperation in the proceedings.


       7.          It is expected that the fresh show cause notice shall be
       issued within a period of one month from today, and the
       proceedings shall be concluded within a period of six months
       from the date of receipt of the show cause notice by the
       petitioner.


       8.          With the aforesaid directions, the present petition stands
       disposed of.


                   It is clarified that this Court has not examined the merits
       of the matter. All rights and contentions of both sides are kept
       open.
                   It is further clarified that the impugned orders have been
       quashed solely on the ground of violation of the principles of
       natural justice. Therefore, fresh proceedings shall be conducted
       independently and shall not be influenced by the present order.



                                                                                                      (NIRZAR S. DESAI,J)
       BHAVIN MEHTA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 30/07/2026 18:03:51



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