Sri Dara Shankarlal v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1150 OF 2015 ORDER:

The petitioner has 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 Judgment dated 28.05.2015 passed in Criminal Appeal No.8 of 2014 by the Hon'ble Principal District and Sessions Judge, Ranga Reddy District at L.B.Nagar, confirming the order dated 29.01.2014 in case No.A7/1026/2013 passed by the Joint Collector (CSII), Ranga Reddy District, confiscating 100% of the seized stocks to the government and reducing the penalty from Rs.1,00,000/- to Rs.50,000/-. Heard and perused the material available on record.

Learned counsel for the petitioner submits that the petitioner has not committed any irregularities and in any event, the confiscation of 100% of the seized stock is excessive in nature and as such, prays for reduction of percentage of confiscation of seized stock. He further prays this Court to reduce the penalty amount as the petitioner is financially incapacitated. Considering the facts and circumstances of the case, this Court directs the confiscating authority to confiscate 25% of the value of the stocks seized from the petitioner. It is made clear that if the said seized stocks were already sold by the competent authority, 75% of the value of the seized stocks shall be paid to the petitioner. Further, the penalty imposed on the second petitioner herein is reduced to Rs.10,000/- (Rupees ten thousand only).

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 06.07.2015 pln