Pallaparthi Eswara Rao v. State of Ap.

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE NO.2126 OF 2012

ORDER:

This revision is filed by the petitioner against the judgment, dated 6.8.2012 passed in Crl.A.No.6 of 2011 by the District & Sessions Judge, Srikakulam confirming the order dated 15.12.2010 in SR No.16/2010 S.5 passed by the Joint Collector, Srikakulam.

The case of the prosecution is as follows:

On 26.2.2010, the complainant-Deputy Tahsildar (Civil Supplies) inspected the shop of the petitioner, verified the stock registers and found shortage of 279 liters of PDS K. Oil. On enquiry in the village, it came to light that the petitioner is selling PDS K. Oil at the rate of Rs.10/- per liter with short measurement of about ½ liter. It is alleged that the petitioner has withheld PDS K. Oil for a period of seven days without distributing the same to card holders though the stock was released from the wholesale dealer on 18.2.2010 with malafide intention to do clandestine business by diverting PDS K. Oil to open market, and thus, he contravened the provisions of PDS (Control) Order, 2008 r/w Section 7 of the Essential Commodities Act. The complainant seized the stock of PDS K. Oil viz., 545 liters. Then, the proceedings under Section 6A of the Essential Commodities Act were initiated against the petitioner. The Joint Collector, after holding an enquiry, ordered confiscation of the entire seized stock to the Government. The said order was questioned by filing an appeal viz., Crl.A.No.6 of 2011 before the District & Sessions Judge, Srikakulam, and the learned Sessions Judge, by judgment, dated 6.8.2012, dismissed the appeal confirming the order passed by the Joint Collector. Aggrieved by the judgment of the lower appellate Court, the present revision is preferred by the petitioner.

Heard and perused the material available on record.