IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTY DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL REVISION CASE No.30 OF 2003 Between: Ch. Venkata Lakshmi Narasimha Rao & 14 others ..... Petitioners/Appellants/Accused AND The State of A.P., Through Inspector of Police, V.C.C.S.D., Guntur, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad. ..... Respondent/Respondent/Complainant The Court made the following: ORDER: The Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”), is directed against the judgment, dated 02.09.2002, in Crl.A.No.168 of 1999, on the file of the learned Sessions Judge, Guntur, whereunder and whereby the order, dated 25.07.1997, in Case No.126/95/S7, on the file of the learned District Collector, Guntur, in ordering confiscation of 20% of the value of the seized stock, in so far as it relates to the groundnut pod and groundnut cake and modifying the order of confiscation by reducing the extent of confiscation from 20% to 15% of the remaining commodities and confirmed the order of the learned District Collector in other respects. 2. Brief facts, that are necessary for disposal of the present Criminal Revision Case, may be stated as follows: The Inspector of Police, Vigilance Cell, Civil Supplies Department, Guntur, inspected Sri Laxmi Srinivasa Oil Mill, Karlapalem, along with staff on 15.11.1995. At that time, the first petitioner herein who was the Managing Partner of the mill was present at the premises and was looking after the business. After verification of the ground stock, the following variations were found: Sl.No. Name of the Commodity Opening Balance Sales Receipts Net Stock Ground Stock Variation 1. GN Pod 184.19 - - 184.19 82.40 101.79 Less 2. GN Seed 207.77 - - 207.77 181.00 26.77 Less 3. GN Oil 16.66 0.01 - 16.65 22.80 6.15 Excess 4. GN Cake 42.21 1.40 - 40.81 - 49.81 Less 5. RBR Oil 25.93 10.78 - 15.15 19.00 3.85 Excess 6. CSR Oil - - - - - - - 7. RBD P. Oil 5.90 1.80 - 4.10 1.90 2.20 Less 8. Bengalgram 1.00 - - 1.00 - 1.00 Less It was stated before the Inspector of Police that the mill was not functioning since 5 days prior to the date of inspection and no proper explanation was forthcoming for the variation of stock. Therefore, the Inspector of Police seized the entire ground stock. When the petitioners herein filed the writ petition before this Court, the stocks were ordered to be released to the petitioners herein on furnishing bank guarantee. The petitioners were charged for violation of Conditions 3 (i) (ii) (iii), 5 to 10 and 12 of license issued under Clause 3 of Andhra Pradesh Essential Commodities Distribution (License and Dealers) Order, 1982 (for short, “the Order, 1982”) read with Sections 7 and 9 of the Essential Commodities Act (for short, “the Act”). 3. The learned District Collector, after considering the material on record, came to the conclusion that there was a variation of stocks and ordered for confiscation of 20% of the value seized. Challenging the same, a Criminal Appeal is filed before the learned Sessions Judge, Guntur, who vide impugned judgment reduced the confiscation of stock as stated above. 4. Now the point for determination is whether the impugned orders of both the trial Court and Appellate Court are correct and legal and proper? 5. The learned counsel appearing for the petitioners contended that the groundnut pod and groundnut cake would not fall within the definition of food grains and do not attract the provisions of the Order, 1982; and that the percentage of confiscation ought to have reduced by the Appellate Court, and hence, he prays to set aside the impugned judgment. 6. On the other hand, the learned counsel representing the learned Public Prosecutor contended that the revisional powers under Sections 397 and 401 Cr.P.C. are to be exercised with care and circumspection, and hence, she prays to dismiss the Criminal Revision Petition. 7. There cannot be any dispute that the revisional powers of this Court under Sections 397 and 401 Cr.P.C. are truncated. Unless the findings are shown to be incorrect, or illegal, or improper, normally this Court will not interfere with the concurrent findings. 8. There is ample evidence on record which would go to show that there was a variation of stock on physical verification with that of the concerned registers. The learned District Collector did not accept the explanation given by the petitioners and held them guilty for violation of conditions 3 (i) (ii) (iii). 5 to 10 and 12 of the license issued under the Clause 3 of the Order, 1982 read with Sections 7 and 9 of the Act. On verification of ground stock with reference to the registers maintained by the petitioners, it would clearly go to show that there is a variation. If the registers are maintained upto date, there would not have been such variation. Admittedly, the stock was not properly weighed with a weighing machine. The stock was weighed approximately by estimation. In the absence of any specific weight of the commodities, the extract variation of commodities cannot be determined. But the fact remains there was some variation. 9. The contention that the groundnut pod and groundnut cake would not fall within the definition of food grains and do not attract the provisions of the Order, 1982, cannot be accepted in the absence of any specific plea in the trial Court as well as in the Appellate Court. Even otherwise, the learned counsel appearing for the petitioners did not say how these articles of food would not come within the provisions of the Order, 1982. Therefore, considering this aspect, the confiscation of 15% ordered by the learned Sessions Judge, Guntur, can be restricted to 10% in view of the fact that the oil mill was not working since five days prior to the date of inspection. 10. Therefore, the Criminal Revision Case is partly allowed to the extent indicated above. The confiscation amount, which was given in the shape of bank guarantee, shall be returned to the petitioners. _____________ (K.C.BHANU, J) Date: 6th November, 2009. KL