THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1912 of 2004 JUDGMENT: The Sub-Inspector of Police, Vigilance Cell, Civil Supplies Department, Nellore, on receipt of credible information that Sri Parvathi Parameswara Dal Mill, Allipuram has been indulging in clandestine business, surprised the said mill on 23.06.2000 along with his staff and on physical verification of the ground stock with reference to the book balance, variations in the commodities of greengram, blackgram, etc were found beyond the permissible limits. As such, the same were seized under the cover of panchanama and the matter was reported to the District Collector, Nellore, for initiation of necessary proceedings. Pursuant to the said reference, the proceedings under Section 6-A of the Essential Commodities Act (for short ‘the Act’) has been initiated and the petitioner was served with a notice calling for his explanation. The District Collector, Nellore, after holding an enquiry, rejected the contentions put forth by the petitioner and ordered confiscation of 40% of the seized stock or its value to the Government. The said order, dated 13.02.2003 was questioned by the petitioner herein by filing an appeal under Section 6-C of the Essential Commodities Act and the same was numbered as Criminal Appeal No.54 of 2003 and the learned Sessions Judge, Nellore Division, Nellore by his judgment, dated 07.09.2004, dismissed the said appeal, confirming the order of the District Collector, Nellore. The said judgment, dated 07.09.2004, is questioned in this Revision. Heard learned counsel for the petitioner. Having considered the submissions and on perusal of the relevant material available on record, it is evident that the petitioner indulged in clandestine business. But, however, having regard to the fact that the offence is committed in the year 2003 and since then 8 years lapsed and the petitioner was made to run from one forum to another all these years, this Court is of the view that some relief can be given to the petitioner. Accordingly, the said order of confiscation passed by the District Collector, Nellore, as was confirmed by the Sessions Judge, Nellore in appeal, is modified and the confiscation of the stocks is restricted to 20%. Except the said modification, in all other aspects, this Criminal Revision Case is dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 31st March 2011 DR