THE HONOURABLE SRI JUSTICE K.C.BHANU CRIMINAL REVISION CASE No.1121 of 2003 ORDER: The Criminal Revision Case is directed against the judgment, dated 28.10.2002, in Crl.A.No.125 of 2001 on the file of the II Additional Sessions Judge (Fast Track Court), Adilabad, whereunder and whereby the order, dated 27.01.1996, passed in C.S.No.6/835/95 by the District Collector, Adilabad, confiscating 24% of the value of the seized stocks to the Government was confirmed. 2. The brief facts of the case that are necessary for disposal of the Revision Case may be stated as under: - On information regarding the petitioner-accused indulging in clandestine business by manipulating the records, the Vigilance Police inspected the shop of the petitioner-accused on 02.06.1995 at about 11.30 am., and verified the Stock Register, Bill book and the stocks available in the shop and the godown with the ground balance and found the following variations with regard to certain commodities: - Sl. No. Name of commodity Opening balance Sales Ground balance verifications 01. Rice 474.00 -- 307.00 167.00 less 02. Jowar 7.00 -- -- 7.00 less 03. Wheat 65.59 -- 14.50 51.09 less 04. Moongdhal 25.65 -- -- 25.65 05. Towardhal (Red gram) 44.69 -- 2.50 42.19 06. Chanadhal (Bengal gram) 24.90 -- -- 24.90 07. Black gramdhal 7.80 -- -- 7.80 less 08. Masnoor dhal 4.80 -- -- 4.47 less 09. G.N.Oil 13.90 -- -- 1.70 less 10. G.N.Seed 1.70 -- -- 1.70 less 11. Sugar 1.50 -- -- 1.50 less 12. Venspathi 20 tins -- -- 20 tins 3. Therefore, the entire stock was seized and a case was registered. A show cause notice was issued to the petitioner on 14.06.1995, asking him as to why the seized stocks should not be confiscated to the Government, for which, he gave a reply stating that he has godowns bearing Nos.3-9-356, 4-2-74 and 4-1-201/202 and the same were clearly mentioned in his wholesale food grain licence No.389/ADB/89 and further, stated that if the stocks kept in the godown bearing No.4-1-201/202 are taken into consideration there would be no variation in the stocks. 4. Now, the point for determination is whether the impugned judgment is correct, illegal and proper? 5. There cannot be any dispute that the revisional powers of this Court under Sections 397 and 401 of Cr.P.C., are truncated. Unless the findings are shown to be illegal, incorrect and improper, ordinarily this Court would not interfere with the same. 6. In order to test whether the findings recorded by the Court below are correct or not, it is necessary to refer to the material produced by the prosecution. 7. It is not in dispute that on 02.06.1995, at about 11.20 am., the Vigilance Police inspected the shop and godown of the petitioner bearing No.4-2-74 and found the variation with regard to certain commodities, as referred to above. The petitioner-accused contended that he was having another godown bearing D.No.4-1-201/202 and certain commodities were kept in that godown and requested the Inspector to take note of the said fact, but the Inspector negatived the same. Though the petitioner- accused stated that he informed that he has got godown bearing D.No.4-1-201/202 to the District Supply Officer, no material is filed to substantiate his claim. 8. After considering the material on record, the District Collector, Adilabad, came to the conclusion that the petitioner-accused has not shown the godown bearing No.4-1-201/202 in the food grain licence, and therefore, he rightly ordered for confiscation of the goods of the petitioner-accused and on appeal, the same was confirmed. None of the findings recorded either by the District Collector or by the Court below is shown to be incorrect or illegal warranting interference by this Court and accordingly, the Criminal Revision Case is liable to be dismissed. 9. In the result, the Criminal Revision Case is dismissed. _____________________ JUSTICE K.C.BHANU Dated:5th December 2009 dr