Smt. Shilpa Priya v. The Collector (Cs),

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1702 of 2016 ORDER:

The present revision is preferred by the petitioner challenging the order, dated 13.05.2016, passed in Crl.A.No.70 of 2015, by the Principal District & Sessions Judge, R.R. District at L.B. Nagar, whereby the appellate Court confirmed the order, dated 01.12.2015, passed by the Joint Collector (CS), R.R.

District in Case No.A7/470/CS/2015.

The petitioner is a Fair Price Shop dealer. The Assistant Supply Officer, East Division, Ranga Reddy District visited the shop of the petitioner and found that the shop was locked. On enquiry, they came to know that the petitioner was not opening the shop as per scheduled time and was not issuing the ration, but insisting the card holders to purchase the items, other than the PDS items. Then, the officials broke open the lock and found 4 quintals of PDS rice, 7 kgs., of sugar, 450 litres of kerosene and other items and they did not find any stock register and sale register. Since the petitioner did not maintain any accounts and committed irregularities, the ASO submitted a report to the Joint Collector with a request to initiate proceedings under Section 6-A of the Essential Commodities Act.

Basing on the said report, the Joint Collector issued notice to the petitioner and on receipt of explanation and on hearing the arguments, the Joint Collector found the charges against the petitioner were proved and ordered for confiscation of 100% of the seized stock. The petitioner challenged the said order of confiscation before the appellate Court. The appellate Court dismissed the appeal vide order impugned. Hence, this revision.

Heard and perused the material available on record. The Joint Collector, after considering the available material on record and on hearing the arguments of the petitioner and also after considering the explanation given by the petitioner, ordered for confiscation of the seized stock. The appellate Court dismissed the appeal by confirming the confiscation order passed by the Joint Collector. The findings arrived at by both the Courts are in accordance with law and hence, this Court is of the view that there is nothing to interfere with the concurrent findings of both the Courts below.

Accordingly, the Criminal Revision Case is dismissed. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J June 30, 2016.

KTL