HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:718 OF 2011 JUDGMENT: The revision is filed against the judgment made on 19.1.2011 in E.C.A.No.64 of 2010 by the Sessions Judge, Krishna Division, Machilipatnam, modifying the order dated 6.2.2010 passed by the Joint Collector, Machilipatnam, in ECP No.308 of 2009. On 18.8.2009, the Assistant Supply Officer, Circle II, Vijayawada along with his staff and mediators surprised the wholesale and retail trading shop of the petitioner and found that the licence of the petitioner was valid upto 30.4.2009 and thereafter, it was renewed further, and they also found the petitioner doing business in BPT Rice, which are scheduled commodities as per Clause 2 (D) of the A.P. Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order 2008 and found in possession of more than 20 quintals of rice, without valid licence obtained under Clause 3 of A.P. Scheduled Commodities Dealers (Licencing, Storage and Regulation), Order, 2008, and seized the entire stock and reported the matter 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, Krishna, Machilipatnam, after holding an enquiry, rejected the contentions put forth by the petitioner and ordered confiscation of 50% of value of the seized stock. The said order, dated 06.02.2010 was questioned by filing an appeal before the Sessions Court, Krishna Division, Machilipatnam, under Section 6-C of the Essential Commodities Act and the same was numbered as E.C.A.No.64 of 2010 and the learned Sessions Judge, by judgment, dated 19.01.2011, confirmed the order of the Joint Collector in all respects, except reducing the order of confiscation of the value of 50% to 20%. Heard and perused the material available on record. On a perusal of the material available on record, it is clear that the petitioner was doing the business in BPT Rice, which are scheduled commodities as per Clause 2 (D) of the A.P. Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order 2008 and was in possession of more than 20 quintals of rice, without valid licence obtained under Clause 3 of A.P. Scheduled Commodities Dealers (Licencing, Storage and Regulation), Order, 2008. But however, taking into consideration the facts and circumstances of the case, the learned Sessions Judge has taken a lenient view and reduced the confiscation of 50% to 20% only. I do not see any merits in this revision. But however, as the said confiscation was effected in the year 2009, this Court is inclined to reduce the said confiscation from 20% to 10% only. Except to the above modification, in all other respects, the Criminal Revision Case is dismissed. __________________________ Justice Gopala Krishna Tamada Dated: 25.3.2011 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:718 OF 2011 25.3.2011