IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.11919 of 2009 Between: M/s.Sri Chaitanya Rice Mill a Partnership firm Chelluru Rayavaram(M) E.G Distrit Rep.by its Managing Partner Karri Ramesh Reddy ..... PETITIONER AND 1 The District Collector East Godavari at Kakinada-533001 2 The District Supply Officer E.G District at Kakinada-533001 .....RESPONDENTS Counsel for the Petitioner:MR.N.SIVA REDDY Counsel for the Respondents:AGP FOR CIVIL SUPPLIES The Court made the following : ORDER: A huge haul of food grains comprising paddy and rice was seized from the petitioner rice mill following the inspection made by the Vigilance staff of the Civil Supplies Department. Paddy and Rice were found in two godowns at Z.Medapadu Village, Mandapeta Mandal, one godown at Vemulapalli Village of the same Mandal besides in the petitioner rice mill premises. According to the respondents, as evident from the seizure report, the petitioner committed the following violations. Sl.No. Nature of Offence Violation of law 1. The Miller has to maintain the records and to furnish the fortnightly returns etc., As seen from the records there are variations between the book balance and Ground balance and not submitted fortnightly returns. It clearly shows that the trader has not maintaining the true and correct accounts properly. Clause-16 of A.P. Rice Procurement (Levy) Order, 1984 2. There are huge stock variations noticed in the mill premises and godowns to a tune of Rs.23,518.70 of paddy less and also variation in rice. It shows the Miller has been doing clandestine business for personal wrongful gains. G.O.30 CA F&XA (CS- I) Dept., 8-8-08. In the seizure report, the following variations are noted. (All in Qtls.) Sl.No. Name of the Paddy Book Balance as per B Register Ground Balance Variation 1 BPT Paddy 30773.25 21602.70 -9170.55 2 Grade “A” 33990.20 29113.05 -4877.15 3 Common including process 85269.70 75798.70 -9471.00 Total 150033.15 126514.45 -23518.70 Sl.No. Name of the Rice & Broken Rice Book Balance as per B Register Ground Balance Variation 1 BPT Rice 230.00 231.75 +1.75 2 Grade “A” 40.00 49.00 +9.00 3 Common 140.00 140.00 0 4 Boiled Rice 3418.00 3324.60 -93.40 5 Raw-Broken Rice 1027.00 1861.50 -165.50 6. Boiled Broken Rice 1000.00 The above-reproduced statement shows that there is a huge variation in the three categories of paddy between the book balance as per B-Register and ground balance. There are, however, small and moderate variations regarding BPT Rice, Grade-A Rice, Boiled Rice and Broken Rice. The sole grievance of the petitioner in this case is that the respondents have not followed proper procedure in taking measurement of the ground balance, in particular, the paddy. Sri N.Siva Reddy, learned counsel for the petitioner submitted that the total number of paddy bags available in the godowns and the rice mill was about 2 lac and that it was humanly not possible for anyone to measure such a huge stock with accuracy in less than 2 days’ time. He further submitted that if proper verification of stock is made, the petitioner will be able to steer clear off the allegation that it was carrying on clandestine business, as the book balance will perfectly tally with the ground balance. The learned Assistant Government Pleader for Civil Supplies opposing the contentions of the learned counsel for the petitioner submitted that the normal practice of counting the lots was followed in this case also and, therefore, the method followed by the respondents cannot be found fault with. From a perusal of the record, it is evident that the only ground on which the stocks were seized is, alleged variation between book balance and ground balance. The stocks are of a high magnitude and when a serious allegation of variation is made, which may constitute basis for an eventual confiscation, it is incumbent upon the respondents to take proper care in measuring the quantity through a scientific method. It is common knowledge that weight of each bag may vary with the other. Therefore, if the bags are measured in actual weight instead of counting lots, which may be fraught with the risk of not taking into consideration the variations in weight, the correct quantities can be arrived at. Having regard to the fact that phenomenal quantities of stocks are seized and in the interests of justice, I feel it appropriate to direct respondent No.1 to undertake an exercise of fresh measurement by weighing the stock and not by arriving at the quantity on the basis of counting the lots. The learned counsel for the petitioner undertook that the petitioner would bear the expenses for such weighment. The writ petition is accordingly, disposed of in the following terms. a) Within three days of receipt of a copy of this order, the petitioner shall deposit with respondent No.1 the tentative costs towards weighment. b) Immediately on receipt of such amount, respondent No.1 shall initiate steps to take actual weighment of the seized stock. For this purpose, respondent No.1 shall deploy necessary personnel under the supervision of the District Manager of the Andhra Pradesh State Civil Supplies Corporation, East Godavari. c) Respondent No.1 shall permit the authorized representative of the petitioner to be present during weighment besides officials of enforcement and vigilance departments and such other officials as respondent No.1 may deem fit. d) After completion of the process of weighment, respondent No.1 shall prepare a report and supply a copy of such report to the petitioner on payment of the balance amounts towards final costs incurred for weighment. e) Till completion of the entire exercise referred to above, the seized stock shall not be sold. As a sequel to disposal of main petition, WPMP.Nos.15356 and 15357 of 2009 filed by the petitioner for interim relief are disposed of as infructuous. C.V.NAGARJUNA REDDY, J 19th JUNE, 2009. Note: issue copy in two (2) days. kvni