Bojja Upendranath v. The State Of Telangana

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.999 of 2017 ORDER :

Impugning the appeal judgment of the learned Sessions Judge dated 21.02.2017 in Criminal Appeal No.90 of 2015 by modifying the order of the learned Joint Collector(C.S.) in E.C.A.C.No.192/ 2015 of 100% confiscation to 50% of the confiscation of the seized stock by order dated 02.10.2015, worth Rs.6,01,244/ -, the present revision is filed. Heard the learned counsel for the revision petitioners and also the learned Public Prosecutor representing the State and perused the impugned order and other material on record.

The explanation is rightly rejected by the Courts below in saying, it is nothing but a clandestine dealing and there is liability of ordering confiscation for the violation of the conditions of the Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008 including condition (4) of the license by non-maintenance of accounts for the inflow, outflow and existing stock and other violations from the variations found in the four items of the stock of the oils respectively. However, as the violation is

not that grave, instead of ordering 50% confiscation, it is just to modify the same to 30% of the seized stock for confiscation, to release the remaining 70% of the stock or its value to the petitioners.

Accordingly, the Criminal Revision Case is allowed in part. Consequently, miscellaneous petitions pending, if any, shall stand dismissed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date:11-04-2017 pab

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.72 of 2012 DATE: 07.04.2017 pab