THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1698 of 2010 ORDER: This Criminal Revision Case is directed against the judgment dated 17.08.2010 passed in Criminal Appeal No.27 of 2009 on the file of the Principal Sessions Judge, Ranga Reddy District at L.B.Nagar, Hyderabad, whereby the order dated 08.06.2009 of the Joint Collector- II, Ranga Reddy District, passed in 6-A Case No.A7/511/2008, confiscating the entire seized stock of 48.75 quintals of PDS rice in favour of the Government, was upheld. The brief facts of the case are that when the Tahsildar, Yalal Mandal inspected the Fair Price shop of the petitioner on 04.05.2008, he noticed that 10 bags of PDS rice was found short, and during the inspection of Vigilance and Enforcement officials, they found that out of total 94.67 quintals of PDS rice received by the petitioner on 03.05.2008, only 48.31 quintals of rice was distributed to the cardholders and the ground balance to be available in the shop was 46.36 quintals only, but they found 48.75 quintals i.e., 2.39 quintals of excess PDS rice. When the officials enquired, the cardholders stated that they have not received the stocks for the month of May, 2008, but in the sales register, it was written as if the stocks were distributed to some of the cardholders even for the month of May, 2008. Thereupon, the entire stock of 48.75 quintals of PDS rice worth Rs.9,750/- was seized and the matter was reported to the concerned authority for initiating necessary action. Pursuant thereto, proceedings under Section 6-A of the Essential Commodities Act, 1955 were initiated against the petitioner, and ultimately, the Joint Collector-II, Ranga Reddy District, by his orders dated 08.06.2009, confiscated the entire seized stock of 48.75 quintals of PDS rice worth Rs.9,750/- in favour the Government. Aggrieved thereby, the petitioner preferred Criminal Appeal No.27 of 2009 on the file of the Principal Sessions Judge, Ranga Reddy District, who after detailed consideration of the matter, dismissed the appeal. Questioning the same, the present Criminal Revision Case is filed. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. Perused the records. On a careful reading of the impugned judgments and also considering the submissions made on either side, this Court is thoroughly satisfied that the petitioner has violated the provisions of the A.P. Public Distribution System (Control) Order, 2001, as a result of which no interference is warranted with the findings recorded by both the Joint Collector-II, Ranga Reddy District, as well as the learned Principal Sessions Judge, Ranga Reddy District. However, in view of the submission made by the learned counsel for the petitioner that a lenient view can be taken against the petitioner as the variation of stocks that was found in her shop was only 2.39 quintals of PDS rice, this Court, while holding that the orders dated 08.06.2009 passed by the Joint Collector-II, Ranga Reddy District, as confirmed by the Principal Sessions Judge, Ranga Reddy District in his judgment dated 17.08.2010 passed in Crl.A.No.27 of 2009, are perfectly justified, confines the confiscation to 50% of the entire seized stock. With the above modification, this Criminal Revision Case is disposed of, at the stage of admission. ________________________ GOPALA KRISHNA TAMADA,J 24.09.2010. v v