HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:746 OF 2011 JUDGMENT: The revision is filed by the petitioner against the judgment made on 18.07.2009 in Crl.M.P.No.229 of 2009 in Crl.A.(SR) by the Sessions Judge, Visakhapatnam. The petitioner is a fair shop dealer No.29, T. Arjapuram village, Ravikamatham Mandal, Visakhapatnam District. The proceedings under Section 6-A of the Essential Commodities Act had been initiated against him on the ground that there are variations in the stock position. Pursuant to the notice under Section 6B of the Act, the petitioner offered a detailed explanation. However, rejecting the said explanation, the Joint Collector ordered confiscation of the entire stock seized by the Civil Supplies Deputy Tahsildar. As against the said order passed by the Joint Collector, an appeal lies to the District Court and the said appeal has to be filed within a period of 30 days. But the petitioner filed the appeal after a lapse of about 450 days and in that context, he filed an application in Crl.M.P.No.229 of 2009 under Section 5 of the Limitation Act to condone the said delay. However, the District Court dismissed the said application. Consequently, the appeal was also dismissed. Against the said order, this revision is filed. Heard and perused the material available on record. It is true that the delay is about 450 days and the reasons offered by the petitioner do not appear to be sound. But however, in view of the fact that the petitioner is a fair price shop dealer and the entire stock was ordered for confiscation by the Joint Collector, this Court is of the view that instead of going into the technicalities, an opportunity should be given to the petitioner to explain as to whether there are any variations in the stock position or not. In this view of the matter, the order of the Court below is set aside. Accordingly, the Criminal Revision Case is allowed and the order impugned in this revision is set aside. Consequently, Crl.M.P.No.229 of 2009 stands allowed. The learned Sessions Judge, Visakhapatnam, is hereby directed to take the appeal on file and pass orders in accordance with law. __________________________ Justice Gopala Krishna Tamada Dated: 29.3.2011 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:746 OF 2011 29.3.2011