THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.R.C.No.1071 of 2011 JUDGMENT: This revision case is directed against the order dated 08.07.2010 in Crl.A.No.155 of 2009 on the file of the District and Sessions Judge, Karimnagar wherein the said appeal filed by the petitioner herein under Section 6-C of the Essential Commodities Act, 1955 was allowed in part modifying the order dated 07.12.2009 of the District Collector, Karimnagar in G3/1037/2009 by reducing confiscation of 100% stock to imposing penalty of Rs.50,000/-. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent/State. Perused the records. The petitioner herein is a licensed dealer of food grains in the name of Sri Krishna and Company, Kirana Stores, Medipally Road, NTPC, Ramagundam. On information that he was indulging in clandestine business, the Assistant Civil Supply Officer Incharge Assistant Grain Purchase Officer and other officials raided the shop of the petitioner at door No.4-2-31 and in the presence of mediators examined the stock. The petitioner admittedly produced the food grain licence dated 03.02.2009 whose validity expired on 31.03.2009 and the petitioner stated that he applied for renewal of licence and the same was pending. During the course of investigation, the Assistant Civil Supply Officer found that certain items of stock, details of which are mentioned in the impugned proceedings, were found to have been stored in adjacent premises bearing No.4-2-29 in addition to the authorised go-down bearing No. 4-3-33. Admittedly, the said additional go-down bearing No.4-2-29 was shown in the application seeking licence and there was no authorisation to store the food grains in the said premises. The value of the food grains found stored in the unauthorised premises bearing No.4-2-29 was found to be Rs.3,16,950/-. The learned Sessions Judge found 12 items stored in the unauthorised premises. Three items viz., Babberapappu 10.50 quintals worth Rs.31,500/-, wheat of 31.50 quintals worth Rs.40,950/- and red gram of 4 quintals worth Rs.16,000/- have to be deleted as they are not covered items and after deleting their value, the total value of the food grain items found stored in the unauthorised go-down bearing No. 4-2-29 was Rs.2,28,500/-. As against the order of confiscation of 100% stock passed by the District Collector, the learned Sessions Judge in the impugned order reduced the same to payment of penalty of Rs.50,000/-. It is not disputed that the petitioner is a licensed dealer of food grains and he has applied for renewal of the licence in time and produced proof of the same before the inspecting authorities. It is also not disputed that the petitioner has been filing the VAT returns and paying the VAT, which necessarily implies that he was maintaining the accounts. Admittedly, there was no variance in the quantity of the various stocks of the food grains as noted in the stock registers and found on ground verification. It is also not disputed that the address of the petitioner’s shop bearing No.4-2-31 and one go-down bearing No.4-3-33 has been shown in the application form and also noted in the licence. The only contravention alleged against the petitioner is that the additional go-down bearing No.4-2-29 was not mentioned in the application or licence and therefore, the stock of the food grains found in the said go-down was unauthorised. It is stated by the learned counsel for the petitioner that the said additional go-down bearing No. 4-2-29 has been included in the subsequent renewal licenses. In the circumstances, having regard to the facts of the case, it is considered that the penalty of Rs.50,000/- imposed by the learned Sessions Judge can be reduced to half and the same is accordingly reduced and the petitioner is directed to pay penalty of Rs.25,000/-. The impugned order dated 08.07.2010 of the learned Sessions Judge, Karimnagar in Crl.A.No.155 of 2009 is modified accordingly. In the result, the criminal revision case is disposed of as stated above. G.V.SEETHAPATHY,J Dt. 08.07.2011 lvl THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.R.C.No.1071 of 2011 Dt. 08.07.2011