Sri Thummepalli Mallikarjuna Rao v. State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1651 OF 2016 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 Order dated 15.07.2015 passed in E.C.Appeal No.19 of 2013 by the Sessions Judge, Krishna Division, whereby the learned Sessions Judge dismissed the appeal by confirming the order, dated 28.12.2012, passed in E.C.P.No.301/2012, of the District Collector, Krishna District at Machilipatnam, whereby the District Collector ordered for confiscation of 2% of the value of the stocks seized from the petitioner. 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 2% of the seized stocks is excessive in nature and as such, prays for reduction of percentage of confiscation of seized stocks.

This Court, normally, is not inclined to interfere with the concurrent findings of the District Collector as well as the lower appellate Court. However, this Court feels that the confiscation of seized stocks is excessive in nature and as such, inclined to reduce the percentage of confiscation value of the seized stocks. Considering the facts and circumstances of the case, this Court directs the confiscating authority to confiscate 1% 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, 99% of the value of the seized stocks shall be paid to the petitioner.

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 30.06.2016 pln