Single bench Criminal Revision Case dismissing appeal against Sessions Judge's judgment reducing confiscated PDS rice value to 10%, confirming the lower court order without interference.
Criminal Revision Case dismissed confirming judgment of Sessions Judge.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRl.R.C.No.1359 OF 2016
ORDER:
This Criminal Revision Case is preferred challenging the judgment, dated 20.4.2016, in E.C.Appeal No.36 of 2014 on the file of the Sessions Judge, Krishna, Machilipatnam, whereunder and whereby, the learned Sessions Judge dismissed the appeal filed by the petitioner against the order, dated 4.3.2014, in E.C.P.No.265 of 2013 passed by the District Collector, Krishna, Machilipatnam.
2. Learned counsel for the petitioner submits that the Courts below failed to consider as to whether the seized stock is essential commodity or not and whether there is any control order passed under Section 3 of the Essential Commodities Act; that the Courts below failed to consider that mere possession of PDS rice is not a contravention of Clause 17(A) of the A.P.State Public Distribution (Control) Order, 2008; that the value of the stock ordered for confiscation to the state was reduced to 10% from 25% and the same is erroneous and contrary to law; that there is no power to seize the vehicle and the seizure is illegal and thus, the vehicle shall not be confiscated.
3. Heard and perused the entire material available on record.
4. The value of the stock ordered for confiscation to the State was reduced to 10% from 25% by the learned Sessions Judge in the E.C.Appeal. Considering all the facts and circumstances of the case, the learned Sessions Judge rightly passed the impugned judgment and that judgment needs no interference of this Court and hence, this revision is liable to be dismissed.
5. Accordingly, the Criminal Revision Case is dismissed confirming
the judgment, dated 20.4.2016, in E.C. Appeal No.36 of 2014 on the file of the Sessions Judge, Krishna, Machilipatnam.
6. Miscellaneous petitions pending, if any, in this Criminal Revision Case shall stand closed.
_________________________ JUSTICE RAJA ELANGO 7.6.2016 AMD
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRl.R.C.No.1359 OF 2016
Date: 7.6.2016
1 issue framed by the court
Whether the reduced value of confiscated stock was legal and required interference.
2 provisions across 2 enactments
Petitioner
State
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
