IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE TWENTYFIRST DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 354 of 2005 Between: Batchu Satyanarayana … Petitioner V/s. State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of A.P. Hyderabad … Respondent Counsel for the Petitioner : Sri Kowturu Vinayakumar Counsel for the Respondent : Addl. Public Prosecutor THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION No. 354 OF 2005 O R D E R : This Criminal Revision is directed against the order of confiscation to the extent of 25% of the seized stocks passed in CMA.No.6 of 2002, dated 05-11-2004 by the learned Appellate Tribunal-cum-Principal District Judge, West Godavari district at Eluru, against the order in ROC.DSI/184/ECA/2000, dated 04-8-2001 on the file of the Joint Collector, West Godavari at Eluru. 2. The facts of the case are as follows: On receipt of credible information, the Sub-Inspector of Police, Vigilance Cell, Civil Supplies Department,Eluru along with his staff and mediators on 24-12-2000 made surprise inspection of M/s. Sri Kanaka Lakshmi Traders, Eluru, held by its managing partner Batchu Satyanarayana was found attending to the business transactions with some others. The complainant noticed certain irregularities with the respondent. Therefore, the respondent was issued a show cause notice for contravening the provisions of clause 8, 9, conditions 3 and 10 of the licence under AP Scheduled Commodities Distribution (L & D) Order, 1982 read with section 7 of Essential Commodities Act, 1955. After taking into consideration the evidence available on record and on hearing both sides, the Joint Collector, ordered confiscation of the entire stocks seized to the Government. 3. Challenging the same, the respondent filed CMA.No. 6 of 2007 on the file of the Appellate Tribunal-cum-Principal District Judge, West Godavari at Eluru. On appreciation of oral and documentary evidence available on record, the learned Principal District Judge, West Godavari at Eluru ordered confiscation of the seized stocks to the extent of 25%. Assailing the same, the present Criminal Revision is filed. 4. After arguing for some time, the learned counsel for the petitioner confines his argument in connection with the quantum of confiscation ordered by the learned Principal District Judge, West Godavari at Eluru. 5. On the other hand, the learned Additional Public Prosecutor is not having any serious objection for the same. 6. In view of the facts and circumstances, this Court is of the view that the remedies sought by the petitioner can be allowed. Accordingly the order passed by the Principal District Judge is modified and the confiscation should be 10% of the order passed by the Joint Collector, West Godavari at Eluru. 7. Subject to the above modification, the Criminal Revision is disposed of. ______________________ JUSTICE RAJA ELANGO. 21-10-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 354 OF 2005 Circulation Entry No. 125 Date: 21-10-2010 Computer No. 43 Court Master: I s L