THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.676 of 2004 ORDER: 1 This revision is directed against the order dated 31.10.2003 passed by the learned Sessions Judge, Nellore in Criminal Miscellaneous Appeal No.156 of 2002 whereby the appeal preferred against the order of the District Collector in Rc.B.685/2000 dated 07.11.2002 was confirmed, however, the confiscation of stocks was modified from 60% to 40%. 2 The facts in brief are that on 30.03.1999 when the Inspector of Police, V.C.C.S.D. Nellore along with Prohibition and Excise Inspector was checking the vehicles at integrated Check Post on receipt of credible information about transportation of rice without licence, they stopped a lorry bearing No. A.P. 26/ T – 9034 and found 140 bags of rice covered with tarpaulin each weighing 100 kgs and the vehicle was coming from Ponneri of Tamilnadu State into the State of Andhra Pradesh. On further investigation it is revealed that the first petitioner hired the lorry to the second petitioner and some others and is doing transportation business from Nellore, Gudur, Naidupet, Sullurpet and Chennai and the consignment in question and the lorry under reference have not been covered by valid documents, bills etc., Hence the rice was seized along with the said lorry and proceedings under section 6 A of the E.C. Act have been initiated. Thereafter a show cause notice was issued for which the petitioners got issued a reply. After holding a detailed enquiry, the District Collector passed orders confiscating 60% of the seized stocks to the Government by his order dated 07.11.2002. Aggrieved thereby the petitioners preferred Criminal Miscellaneous Appeal No.156 of 2002 and the learned District & Sessions Judge by his order dated 31.10.2003 while dismissing the said appeal, but, however, reduced the said confiscation of stocks from 60% to 40%. Questioning the same, this revision is preferred. 3 Heard the learned counsel for the petitioners and perused the record. From a perusal of the orders impugned in this revision, this court is of the considered view that the petitioners got maximum relief before both the authorities below. Further, in the absence of valid licence, both the authorities below are perfectly justified in holding that the petitioners are indulging in clandestine business and have violated the provisions of Clause 3 of A.P.S.C.D. (L&D) Order, 1982. Hence this court sees no merits in this revision and accordingly the same is dismissed. However, the said confiscation is reduced to 20%. --------------- 03.02.2011 Kvsn