HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.864 OF 2005 JUDGMENT: This Criminal Revision Case is preferred by the petitioners against the judgment, dated 16.03.2005, rendered in Criminal Appeal No.92 of 1998 by the Sessions Judge at Nizamabad. 2. Facts of the case, in brief, are that the Inspector of Police, VCCS Department, Nizamabad, 2nd respondent herein, inspected the shop and the godowns of the petitioners herein on 31.10.1995 and, on comparison of ground balance with book balance, he found variation of certain stock and seized 734 bags of stock available on ground in the shop and godowns, for contravention of Clauses 7 and 35 of the Fertilizer (Control) Orders, 1985 and filed a report in Cr.No.37/VC-Nzb/95 before the Joint Collector, Nizamabad, proposing to confiscate the seized stock in favour of the Government, under Section 6-A of the Essential Commodities Act, 1955 (for short “the Act”). Basing on that report, the Joint Collector, Nizamabad, issued a show cause notice dated 10.11.1995 to the petitioners to explain as to why the seized stock should not be confiscated to the Government, as required under Section 6-B of the Act, for which the petitioners submitted an explanation on 23.11.1995. Subsequently, on hearing both sides, the Joint Collector, Nizamabad, passed an order, dated 09.12.1995, confiscating 50% of the stock seized in favour of the Government and releasing the remaining 50% of the stock seized to the petitioners. Challenging the same, the petitioners filed Crl.A.No.92 of 1998 on the file of the Sessions Judge, Nizamabad, and the learned Sessions Judge upheld the order passed by the learned Joint Collector, Nizamabad, vide judgment, dated 16.03.2005. Being aggrieved by the same, the petitioners preferred this revision. 3. Heard both sides. 4. Learned counsel for the petitioners has submitted that the present case pertains to the year 1995 and confiscation of 50% of the entire stock is disproportionate since the alleged variation in stock is very meagre in nature. He also conceded that 20% of the stock seized can be confiscated in favour of the Government. 5. On perusal of the record, this Court finds no irregularity or illegality in the order passed by the learned Joint Collector, Nizamabad, as confirmed by the appellate Court. However, considering the submission of the learned counsel and also in view of the facts and circumstances of the case, it is ordered that 20% of the stock seized be confiscated in favour of the Government and the remaining stock seized be released to the petitioners. 6. With the above modification, the Criminal Revision Case is disposed of. _________________ RAJA ELANGO, J 16th June, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.864 OF 2005 DATE: 16.06.2011 Between : Pata Pradeep and others … Petitioners/ Respondents and State of A.P. and another … Respondents HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.864 of 2005 (Disposed of) 16th June, 2011 cbs