M/S Sri Durga Traders, v. The State Of A.P.,

HON'BLE SRI JUSTICE RAJA ELANGO Criminal Revision Case No.1766 of 2015 ORDER:

This revision is preferred challenging the judgment and decree dated 15-04-2015 in C.M.A. No.2 of 2014 on the file of the I Additional District Judge, West Godavari at Eluru, wherein and whereby the learned I Additional District Judge dismissed the appeal filed by the petitioner, while reducing the percentage of confiscation of stock or its value from 25% to 12%.

The learned counsel for the petitioner submits that when the business is not transacted and premises is closed, accounts need not be maintained and they have to update only at the next date of commencement of the business and in the present case, the petitioner has closed the mill as she went on pilgrimage.

Having heard the learned counsel for the petitioner and the Public Prosecutor and after perusing the material available on record, this Court is of the considered view that the confiscation of 7 % of the seized stocks or its value would be appropriate.

Accordingly, the Criminal Revision Case is disposed of modifying the order of penalty from 12 % confiscation of stocks or its value to that of 7 % confiscation of stocks or its value.

Miscellaneous petitions filed in this revision, if any,

shall stand closed.

_________________ RAJA ELANGO, J.

02nd September, 2015 skmr