Petitioner stored rice, oil, and pulses without a license, contravening state orders. The Joint Collector ordered 60% confiscation; the District Judge reduced it to 50%. This High Court reduced the confiscation to 30% and dismissed the revision.
Confiscation reduced from 50% to 30% of the value of seized stock.
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HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:523 OF 2011
JUDGMENT:
The revision is filed by the petitioner against the judgment passed on 21.10.2010 in E.C.C.M.A.No:56 of 2009 by the Principal District Judge, West Godavari District, Eluru.
During the course of inspection conducted by the respondentsauthorities on 20.3.2009, the petitioner was found indulging in clandestine business without any accounts and proper registers, and he was also found storing 142.80 Qtls of rice; 3175 kgs of Edible oil and 13.10 quintals of pulses, which are over and above the permissible limit. As the same was in contravention of provisions of clause 3 of the APSCD (LS & R) Order, 2008 r/w Section 6 A of the E.C. Act, the entire ground stock was seized and the matter was reported to the Joint Collector for initiation of necessary proceedings. Pursuant to the said reference, the proceedings under Section 6-A of the Essential Commodities Act had been initiated and the petitioner was served with a notice calling for his explanation. The Joint Collector, West Godavari, Eluru, after holding an enquiry, rejected the contentions put forth by the petitioner and ordered confiscation of 60% of the value of the seized stock to the Government. The said order, dated 18.9.2009 was questioned by filing an appeal under Section 6-C of the Essential Commodities Act before the Principal District Judge, West Godavari, Eluru and the same was numbered as E.C.C.M.A.No.56 of 2009 and the learned District Judge, by judgment, dated 21.10.2010, while concurring with the findings of the Joint Collector reduced the confiscation of 60% to 50%. Aggrieved by the same, the present revision is preferred by the petitioner.
Heard and perused the material available on record. On a perusal of the material available on record, it appears that
the petitioner stored huge quantity of food grains, edible oil and pulses, without having valid licence and thus, he contravened Clause 3 of APSCD (LS & R) Order, 2008. But however, taking into consideration the facts and circumstances of the case, the learned District Judge has taken a lenient view and ordered confiscation of 50% only. I do not see any merits in this revision. But however, as the said confiscation was effected in the year 2009, this Court is inclined to reduce the confiscation from 50% to 30% .
With the above modification, the Criminal Revision Case is dismissed.
__________________________ Justice Gopala Krishna Tamada Dated: 9.3.2011 Nn
HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA
CRIMINAL REVISION CASE No:523 OF 2011
9.3.2011
1 issue framed by the court
Whether the confiscation of 50% of the seized stock upheld by the District Judge warrants reduction in light of the delay and circumstances of the case.
3 provisions across 2 enactments
The Petitioner
The State
Gopala Krishna Tamada
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
