IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE No.1395 OF 2010 Between: Sri Ramayi Krishna … PETITIONER And The Joint Collector (CS) II, Ranga Reddy District … RESPONDENT This Court made the following: HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE No.1395 OF 2010 ORDER: 1. This revision petition is filed by the trader questioning judgment, dated 01.06.2010, passed by the Sessions Judge, Ranga Reddy District, in Crl.A.No.39 of 2009, confirming the order, dated 19.09.2009, passed by the Joint Collector, Ranga Reddy District, in 6-A Case No.A7/742/2009, ordering confiscation of 50% of the seized stock. 2. The petitioner was carrying on business in essential commodities without licence. On 07.08.2009, this was detected by the task force team and entire stocks worth Rs.1,62,780/- was seized from the business premisis. Charge against the petitioner is contravening clause 3 (i) of the Andhra Pradesh Scheduled Commodities Dealers (Licencing, Storage and Regulation) Order, 2008. There is absolutely no explanation on the part of the petitioner with regard to he not possessing licence under the above control order. In spite of it, the Joint Collector ordered confiscation of 50% of the seized stock only. 3. The lower appellate Court confirmed the said order holding that it has no jurisdiction to modify the said order by way of altering percentage of confiscated stock. This Court time and again held that such discretion is vested not only in the proceedings under Section 6A of the Essential Commodities Act, 1955 as well as with the appellate authority under Section 6C of the said Act. The lower appellate Court did not exercise that discretion. The discretion has to be exercised having regard to totality of the circumstances. Having regard to quantum of the seized stock, this Court is of the opinion that confiscation of the stock has to be modified from 50% to 40% of the seized stock. 4. In the result, the Criminal Revision Petition is partly allowed modifying confiscation order from 50% of the seized stock to 40% of the seized stock. ___________________________________ SAMUDRALA GOVINDARAJULU, J August 03, 2010 MD HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE No.1395 OF 2010 August 03, 2010