In a criminal revision, the Court held that the 20% confiscation of seized stock was excessive. It directed the authority to confiscate only 10% of the value, with payment of the remaining 90% if stock had been sold.
Directed the Court below to confiscate 10% of the value of seized stocks and pay 90% of the value if stocks were already sold.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1199 OF 2016
ORDER:
The petitioner has preferred the present criminal revision case by invoking the provisions under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.,) being aggrieved by the Order dated 14.03.2016 passed in Criminal Appeal No.140 of 2015 by the Principal Sessions Judge at Mahabubnagar, whereby the learned Judge dismissed the appeal by confirming the order, dated 09.09.2015, passed in Case No.CS6/388/15.
Heard and perused the material available on record.
Learned counsel for the petitioner submits that the petitioner has not committed any irregularities and in any event, the confiscation of 20% of the seized stocks is excessive in nature and as such, prays for reduction of percentage of confiscation of seized stock.
This Court, normally, is not inclined to interfere with the concurrent findings of the District Collector as well as the lower appellate Court. However, this Court feels that the confiscation of seized stocks is excessive in nature and as such, inclined to reduce the percentage of confiscation value of the seized stocks.
Considering the facts and circumstances of the case, this Court directs the confiscating authority to confiscate 10% of the value of the stocks seized from the petitioner. It is made clear that if the said seized stocks were already sold by the competent authority, 90% of the value of the seized stocks shall be paid to the petitioner.
With the above directions, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions pending in this revision, if any, shall stand closed.
_____________________ JUSTICE RAJA ELANGO
09.06.2016
pln
2 issues framed by the court
Whether the 20% confiscation of seized stock is excessive and requires reduction.
The appropriate percentage of the value of seized stocks to be confiscated.
The Petitioner
The Confiscating Authority
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
