Morisetty Sudheer Kumar, And Another, v. The State Of Ap Rep By Its Pp Hyd.,

THE HON'BLE Dr JUSTICE SHAMEEM AKTHER Criminal Revision Case No.1970 of 2006 ORDER:

This Criminal Revision Case, under Sections 397 & 401 of the Code of Criminal Procedure, 1973, is filed by the petitioners, challenging the judgment, dated 17.08.2006, passed in Crl.A.No.222 of 2004 by the Sessions Judge, Guntur.

2.

Heard the learned counsel for the petitioners, learned Assistant Public Prosecutor representing the respondent-State and perused the record.

3.

The learned counsel for the petitioners would submit that the lorry bearing registration No.AP-16-W-4050 was taken to Guntur for repairs. As per the records, the said lorry was found transporting 12 KL kerosene oil meant for PDS to the unauthorised kerosene dealers and thereby, violated the law. There is panchanama, dated 25.10.2002. The explanation submitted by the 2nd petitioner, dated 22.05.2003, pleading innocence about transportation of 12 KL of kerosene oil to the unauthorised kerosene dealers by lorry bearing registration No.AP-16-W-4050 stating that he sent the lorry to Guntur for repairs, was unsustained. Both the Courts below have elaborately dealt with the matter and confiscated entire stock of 12 KL of kerosene oil to the Government and 10% of the value of the bank guarantee furnished by the 2nd petitioner for the release of lorry. The findings of both the Courts below are based on record. There is nothing to take a different view. There is no miscarriage of

justice. The Criminal Revision Case is devoid of merit and is liable to be dismissed.

4.

In the result, the Criminal Revision Case is dismissed. Miscellaneous petitions, if any, pending in this Criminal Revision Case, shall stand dismissed.

_____________________ Dr. SHAMEEM AKTHER, J 19th April, 2018 Bvv