HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:451 OF 2011 JUDGMENT: On 1.11.2008, the Assistant Grain Purchasing Officer, Eluru and team along with Tahsildars of Jangareddigudem, Eluru, S.I. Regional Vigilance and Enforcement Office, Eluru, A.E., Regional Vigilance and Enforcement Office, Eluru and the Dy. Tahsilar (CS) Eluru, surprised the godown located at D.No.26-175 at Ramalayam, opposite to Thandra Paparayudu statue, Srinivasapuram road, Jangareddigudem, belonging to the petitioner herein and found the petitioner herein and others in indulging clandestine business by procuring PDS Rice from certain traders illegally and selling the same in open market and also found excess quantity of 78.75 quintals of rice in the ground stock, for which the petitioner did not produce any license and apart from that, no documents pertaining to the said stocks were available in the said premises. As the same is in contravention of provisions of APSPDS (Control) Order, 2008 r/w Section 6 A of the E.C. Act, the entire ground stock was seized and the matter was reported to the Joint Collector for initiation of necessary proceedings. Pursuant to the said reference, the proceedings under Section 6-A of the Essential Commodities Act had been initiated and the petitioner was served with a notice calling for his explanation. The Joint Collector, West Godavari, Eluru, after holding an enquiry, rejected the contentions put forth by the petitioner and ordered confiscation of 50% of the seized stock to the Government. The said order, dated 2.1.2010 was questioned by filing an appeal under Section 6-C of the Essential Commodities Act before the Principal District Judge, West Godavari, Eluru and the same was numbered as E.C.C.M.A.No.7 of 2010 and the learned District Judge, by judgment, dated 02.11.2010, dismissed the same. The same is questioned in this Revision. Heard and perused the material available on record. While submitting that in similar case belonging to the neighbour of the petitioner, this Court had taken a lenient view and reduced the confiscation to 10%, the learned Counsel for the petitioner requests to take the said view. On perusal of the relevant material available on record, I am unable to appreciate the said submission of the learned Counsel for the petitioner for the reason that the facts and circumstances of the said case are different and in the said case, the petitioner was having valid licence only upto 31.3.2009 and thereafter, he was not having licence. However, as he applied for renewal of the licence and paid licence fee by way of challan, this Court taking those circumstances into consideration, reduced the confiscation to the extent of 10%, whereas in the instant case, the facts and circumstances are altogether different, wherein it is alleged that the petitioner purchased the rice meant for Public Distribution system. However, in view of the facts and circumstances of the case and in view of the quantum of variation in the stock, this Court feels it a fit case to take a lenient view in respect of the confiscation and therefore, it is just and proper to modify the confiscation to that of only 20%. Accordingly, the order passed by the Joint Collector, West Godavari, Eluru District, as was confirmed by the Principal District Judge, Eluru in appeal, is modified to the extent as indicated above. Except the said modification, in all other aspects, this Criminal Revision Case is dismissed. ___________________________ Justice Gopala Krishna Tamada Dated: 1.3.2011 Note: CC in two days B/O Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:451 OF 2011 1.3.2011