THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.1433 of 2005 ORDER: The petitioner is running general stores at Devarapalli Village and Mandal, West Godavari District. On 13.07.2000, the Sub-Inspector of Police, Vigilance Cell of Civil Supplies Department, made a surprise visit, on receiving credible information about the activities of the petitioner. He found 45 quintals of rice in the business premises of the petitioner. Proceedings under Section 6-A of the Essential Commodities Act were initiated. It was alleged that the petitioner did not obtain food grains licence, as required under the Andhra Pradesh Scheduled Commodities Dealers (Licensing and Distribution) Order, 1982. The petitioner pleaded that he was not aware of the requirement as to the licence and that the rice seized from him was of very inferior quality. Through his order, dated 09.03.2001, the Joint Collector, West Godavari District at Eluru directed confiscation of the entire seized quantity. Aggrieved thereby, the petitioner filed C.M.A.No.39 of 2001 before the Principal District Judge, West Godavari District at Eluru. The appeal was dismissed on 29.11.2004. Hence, this revision under Article 227 of the Constitution of India. Heard Sri Venkateswara Rao Gudapati, the learned counsel for the petitioner and the learned Government Pleader for Arbitration. A perusal of the order passed by the Joint Collector discloses that the petitioner was entitled to hold the stock of 20 quintals without obtaining any licence. The infraction, if at all, was only as regards the quantity over and above 20 quintals. Even if the allegation against the petitioner is proved, 25 quintals of rice seized from him was liable to be confiscated. It is represented that the seized stock was returned to the petitioner on furnishing bank guarantee. The value was taken at Rs.1000/- per quintal. The petitioner states that the rice seized from him was of very inferior quality and it did not cost more than Rs.200/- per quintal. At this length of time, it is very difficult to verify the nature of stock or to determine its value. Having regard to the facts and circumstances of the case, the civil revision petition is partly allowed restricting the confiscation to 25 quintals and the value thereof is decided at Rs.500/- per quintal. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:24.08.2009 kdl