HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No. 514 of 2003 JUDGMENT: This revision is directed against the judgment of the learned Metropolitan Sessions Judge, Hyderabad in Criminal Appeal No.244 of 2002, dated 6.2.2003 whereby and whereunder the leaned Sessions Judge dismissed the appeal while confirming order of the chief rationing Officer, Hyderabad, dated 25.7.2002. According to the Assistant Supply Officer, Circle No. III, Hyderabad, the complainant herein, on receiving information that the petitioner is indulging in illegal sale of kerosene oil supplied under Public Distribution System, the complainant along with his officials inspected the premises of the petitioner on 4.4.2002 and found the lorry bearing No. AHT 7603 belonging to the 2nd petitioner therein being filled with kerosene oil supplied under Public Distribution System. When enquired, the petitioner informed the complainant that he is the dealer for kerosene shop No. 3 ; that he was purchasing the blue kerosene oil from kerosene dealers of nearby areas of Ranga Reddy District at Rs.12/- and selling the same to the lorry drivers and auto rickshaw drivers and petrol pumps at Rs. 15/- per litre. At that time, the complainant also found 40 ltrs., of P.D.S. kerosene oil already poured into tank. Thereafter, the inspection team proceeded to premises bearing No.13-4-650 where they found 44 barrels of 9,190 ltrs., of P.D.S. blue kerosene oil and they seized the same under the cover of panchanama. On the basis of the report given by the Assistant Supply Officer, the Chief Rationing Officer initiated proceedings under Section 6-A of the Essential Commodities Act and took the case on file. He also issued a show cause notice to the petitioner calling upon him to show cause as to why the entire seized stock should not be confiscated in favour of the Government. The petitioner submitted his explanation to the said show cause notice. The Chief Rationing Officer having perused the explanation offered by the petitioner and having heard the learned counsel for the parties, came to the conclusion that the petitioner has been carrying on clandestine business and accordingly confiscated the entire seized stock of 9,190 ltrs., of kerosene oil. Challenging the said order, the petitioner filed Criminal Appeal No. 244 of 2002 before the Metropolitan Sessions Judge, Hyderabad and the learned Sessions Judge vide his judgment dated 6.2.2003, dismissed the said appeal while confirming the order of the Chief Rationing Officer. Assailing the same, the petitioner filed the present revision. Heard both sides. Having considered the submissions made on either side and having perused the impugned orders of the learned Sessions Judge as well as the Chief Rationing Officer, this Court is thoroughly satisfied that the learned Sessions Judge as well as the Chief Rationing Officer have rightly found that the petitioner is selling the kerosene oil meant to be distributed under Public Distribution System clandestinely and thereby contravened the provisions of the Act and the conditions of licence. Hence, I do not find any reason to interfere with the said orders. The revision petition fails and it is accordingly dismissed. ____________________________ GOPALA KRISHNA TAMADA,J Date:5th August, 2010 pnb