A. Sridhar v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1584 OF 2016 ORDER:

This Criminal Revision Case is preferred challenging the judgment, dated 10.3.2016, in Criminal Appeal No.52 of 2015 on the file of the Principal Sessions Judge, Mahabubnagar whereunder and whereby, the learned Sessions Judge dismissed the appeal filed by the petitioners against the order, dated 24.4.2015, in Case No.CS6/129/2015 on the file of the District Collector, Mahabubnagar District.

2. V i d e order, dated 24.4.2015, the District Collector, Mahabubnagar imposed an amount of Rs.1,00,000/- as fine on each of the seized vehicles. Aggrieved by the order passed by the District Collector, the petitioners preferred Crl.A.No.52 of 2015 before the Principal Sessions Judge, Mahabubnagar. The learned Sessions Judge dismissed the appeal by confirming the order, 24.4.2015, in Case No.CS6/129/2015 on the file of the District Collector. Challenging the same, the petitioners preferred the present revision.

3. Learned counsel for the petitioners submitted that the Courts below failed to consider whether there is any control order passed under Section 3 of the Essential Commodities Act; that the Courts below failed to consider whether the petitioner contravened Clause 17(A) of the A.P. State Public Distribution (Control) Order, 2008; that there is no power to seize the vehicles and the seizure is illegal and hence, the vehicles shall not be confiscated.

4. After perusing the entire material available on record and after hearing the submissions made by the learned counsel for the petitioners, this Court is of the view that the judgment of the Court below need not be interfered with. However, the fine amount of

Rs.1,00,000/- imposed on each of the seized vehicles by the District Collector, as confirmed by the learned Sessions Judge, can be reduced to Rs.50,000/- on each of the seized vehicles.

5. Accordingly, the Criminal Revision Case is disposed of modifying the order, dated 24.4.2015, in Case No.CS6/129/2015 on the file of the District Collector, Mahabubnagar District, as confirmed in the judgment, dated 10.3.2016, in Criminal Appeal No.52 of 2015 on the file of the Principal Sessions Judge, Mahabubnagar, by reducing the fine amount from Rs.1,00,000/- on each of the seized vehicles to Rs.50,000/- on each of the seized vehicles.

6. Miscellaneous petitions pending, if any, in this Criminal Revision Case shall stand closed.

_________________________ JUSTICE RAJA ELANGO 21.6.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRl.R.C.No.1584 OF 2016 Date:21.6.2016 AMD