M. Mahesh Raju Goud v. The Joint Collector (Cs),

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.433 of 2017 ORDER :

Aggrieved by the judgment dated 16.01.2017 in Criminal Appeal No.44 of 2016 passed by the Principal Sessions Judge, Ranga Reddy District at L.B.Nagar, this revision is filed by the petitioner, who is a fair price shop dealer.

2.

Heard and perused the material on record.

3.

The Criminal Appeal is filed by the petitioner against Section 6-A proceedings of the Essential Commodities Act order of the learned Collector (Civil Supplies), Ranga Reddy District, dated 16.06.2016 in Case No.A7/ 332/ CS/ 2016, ordering confiscation of 100% of the seized stock found in clandestine dealing by the revision petitioner, who is a fair price shop dealer, by negating his contention of there are minor variations and with impeccable character of 30 years in running dealer shop by him, since confirmed by the lower appellate Court, impugning the same, the revision is filed. 4.

The 100% confiscation of the seized stock for the variations is highly onerous and unjust and inequitable, for this Court while sitting in revision, though learned Public

Prosecutor wanted to support the concurrent findings including on the quantum.

5.

Having regard to the above, the order of confiscating 100% of the value of the seized stock to the Government is modified to 45% by return of 55% of the seized stock or its value to the petitioner herein.

6.

Accordingly, the Criminal Revision Case is disposed of. 7.

Miscellaneous petitions, pending if any, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date:14-03-2017 pab