The District Revenue Officer v. Nandakumar

Crl. M. P. No. 983 of 2017 in Crl.R.C.SR.No.3168 of 2017 D.BHARATHA CHAKRAVARTHY,J.

The revision is sought to be filed against the order of the learned Principal Sessions Judge Salem dated 27.07.2012 in Crl.A.No.134 of 2010, in and by which the appeal filed by the respondents herein against the confiscation proceedings was allowed.

2.The crux of the order is that when the PDS rice worth Rs.2,45,149/- was seized and subsequently sold, the sum equivalent thereto which was ordered to be realised by invoking the bank guarantee was negated by the appellate Court. The appellate Court went into the details and held that there is no enough evidence to prove that the rice was procured from many card holders and therefore, decided the issue on merits. 3.Even though the said order was passed in the year 2012, it is stated in the application filed for condonation of delay of 1547 days that the certified copy of the order was misplaced and only in the year 2016 once again it was applied and thereafter after obtaining opinion and Government Order etc., in the year 2017, the present revision is filed. https://www.mhc.tn.gov.in/judis

D.BHARATHA CHAKRAVARTHY,J.

sli 4.Considering the order passed in the appeal, the nature of relief granted and the reasons mentioned in the affidavit, I am of the view that mere misplacing of the certified copy of the order which was of the year 2012 and not taking any steps to trace out the order and not obtaining the certified copy for a period of four years cannot be a satisfactory reason so as to condone the huge delay of 1547 days. Accordingly, finding no merits, this miscellaneous petition is dismissed.

20.07.2022 sli Crl. M. P. No. 983 of 2017 in Crl.R.C.SR.No.3168 of 2017 https://www.mhc.tn.gov.in/judis