Sri Padala Chandra Mohana Sastyanarayana Reddy v. The State Of A.P.,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2345 OF 2015 ORDER:

The petitioners 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 15.04.2015 passed in C.M.A.No.36 of 2014 by the I Additional District Judge, West Godavari at Eluru, whereby the learned District Judge modified the order dated 26.07.2014 in Roc.No.CSI/35/ECA/2014, passed by the District Collector, West Godavari, Eluru and reduced the percentage of seized stocks from 50% to 25%.

Heard and perused the material available on record. Learned counsel for the petitioners submits that the petitioners have not committed any irregularities and in any event, the confiscation of 25% 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 of seized stocks. Considering the facts and circumstances of the case, this Court directs the confiscating authority to confiscate 15% of the value of the stocks seized from the petitioners. It is made clear that if the said seized stocks were already sold by the competent authority, 85% of the value of the seized stocks shall be paid to the petitioners.

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

13.10.2015 Tsr