THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL REVISION CASE No. 661 OF 2011 DATE: 14-07-2011 Between: Srikakolli Srinivasa Rao .. Petitioner And The State of A.P., through Assistant Supply Officer, Vijayawada Division, Rep. by Public Prosecutor, High Court of A.P., Hyderabad. .. Respondent THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL REVISION CASE No. 661 OF 2011 ORDER: This Criminal Revision Case is directed against the order dated 22.02.2011 in E.C. Appeal No.31 of 2010 on the file of the Sessions Court, Krishna at Machilipatnam, wherein the said appeal filed by the petitioner herein was dismissed confirming the order dated 05.11.2009 in E.C.P.No. 179 of 2009 on the file of the Joint Collector, Krishna at Machilipatnam, but, however, modifying the said order by reducing the extent of confiscation from 50% to 25% of the seized stock. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State. Perused the records. The Assistant Supply Officer, Vijayawada on information inspected the house of the petitioner on 01.07.2009 along with the officials of Vigilance and Enforcement Department and mediators in the premises bearing door No.41-2-30 and found Black gram and Green gram bags stored for the purpose of milling and sale in open market and without any license, 63 quintals of Black gram contained in 126 bags each weighing 50 Kgs. and 12 quintals of Green gram was found in the house of the petitioner at the time of inspection. Admittedly, the petitioner has not obtained any license for storing the scheduled commodities. Notice was issued to the petitioner on 02.09.2009 under section 6-B of the Essential Commodities Act, 1955 (for short “the Act”) framing necessary charge under Clause 2(K)(4) of the Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008. The petitioner filed representation stating that he is a poor person doing sundry business and for the purpose of meeting the medical expenses he started the business for purchase of the pulses from the farmers and selling them in open market after milling and that he was not aware of the requirement to obtain a license. The Joint Collector, having not satisfied with his explanation, passed the orders directing the confiscation of 50% of seized stocks to the Government. In the appeal, the only ground urged by the petitioner was that confiscation of 50% is excessive and exhorbitant. The learned Sessions Judge in the impugned order reduced the quantum of confiscation to 25%. While reducing the level of confiscation, the learned Sessions Judge has taken into consideration the fact that though the petitioner was not having a license by the date of inspection subsequently he applied for the same. The plea of the petitioner that he was not aware of the requirements to obtain a license for dealing in food grains is ex-facie unacceptable. It is to be noted that the seized stocks were not small in quantity and were of the range of 75 quintals. The storage of such huge quantity of food grains unauthorisedly and dealing with them by way of business without any license is in violation of the Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008. The learned Sessions Judge has reduced the level of confiscation from 50% as ordered by the Joint Collector to 25% of the seized stock by taking into consideration of the relevant circumstances. No further reduction in the quantum of confiscation of the seized stocks is called for. The impugned order, which does not suffer from any illegality or material irregularity, does not call for any interference by this Court in exercise of revisional jurisdiction. In the result, the Criminal Revision Case is dismissed. ___________________ G.V.SEETHAPATHY, J 14-07-2011 MR THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL REVISION CASE No. 661 OF 2011 DATE: -07-2011 MR