HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1429 of 2004 JUDGMENT: This Criminal Revision Case is directed against the judgment, dated 05.07.2004, passed by the Sessions Judge, Prakasam Division, Ongole, in Criminal Appeal No.29 of 2000, confirming the order, dated 23.01.2000, passed by the District Collector, Prakasam District, Ongole, whereby 20% of the stock seized from out of the possession of the petitioner’s business premises was ordered to be confiscated. The case in brief is that the petitioner is Proprietor of Sri Sai Traders, Kishore Boiled and Raw Rice Mill, Ongole. On receipt of credible information that PDS rice was being unloaded in the said Rice mill, the Inspector of Police, Vigilance Cell, Civil Supplies Department, on 12.01.1998 at about 9 am., surprised the said rice mill and on verification found 10 bags of rice available in the body of the lorry and the FCI imprints were also found on it. When questioned about the existence of some PDS rice bags in the lorry and the remaining PDS rice bags in their mill room, the petitioner-accused could not offer proper explanation. Further, after completing the entire investigation into the case, as various other irregularities were found, the Circle Inspector of Vigilance Cell, seized the said stock and reported the matter to the District Collector, who, in turn, initiated the proceedings under Section 6-A of the Essential Commodities Act (for short ‘the Act’) and issued a notice under Section 6-B of the Act. However, not being satisfied with explanation offered by the petitioner with regard to the said variation, the District Collector by his order, dated 23.01.2000, ordered confiscation of 20% of the seized stock. The same was questioned by the petitioner herein by filing the Crl.A.No.29 of 2000 before the Sessions Judge, Prakasam District, Ongole, who while concurring with the findings recorded by the District Collector, dismissed the said appeal vide judgment, dated 05.07.2004. The same is questioned in this Criminal Revision Case. Heard both sides. Learned counsel for the petitioner reiterated the grounds mentioned in the appeal and prayed this Court to at least reduce the quantum of confiscation of the seized stock of the petitioner. Having considered the submissions and on perusal of the relevant material available on record, this Court is of the view that the order passed by the District Collector, Prakasam District, as was supported by the Sessions Judge, Ongol in the appeal does not warrant any interference by this Court and accordingly, I see no merits in this Revision. But, in view of the fact that the offence is of the year 1998, this Court is of the view that some relief can be given to the petitioner. Accordingly, the said order of confiscation passed by the District Collector, Prakasam District, Ongole, as was confirmed by the Sessions Judge, Ongole in appeal, is modified and the confiscation of the stocks is restricted to 10%. The balance stock shall be released in favour of the petitioner. Except the said modification, in all other aspects, this Criminal Revision Case is dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 31st March 2011 DR