THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1744 of 2004 JUDGMENT: The Circle Inspector, Vigilance Cell, CSD, Ongole, on receipt of credible information that the petitioner is transporting four bags of PDS rice in a wooden rickshaw towards Ongole side for selling them in black market, the Sub-Inspector of Police proceeded towards Pernamitta village and noticed a rickshaw coming towards Ongole side with a load of four bags and that the rickshaw puller said that the petitioner herein hired the rickshaw for transportation of four bags of rice to Ongole and that, on verification of the said bags, the FCI imprints were also found on each of them. Subsequently, the Sub-Inspector of Police inspected the Fair Price shop of the petitioner and on verification of the records found that there was a shortage of 654 bags of midday meal rice, 95 kgs of PDS rice. As the inspection revealed that the petitioner has sold away the mid-day meal rice of 654 kgs in black market and also indulged in diversion of 291 kgs of PDS rice which were red handedly caught hold of by the Sub- Inspector of Poice, the available ground stock of 335 kgs of PDS rice and other commodities were seized under the cover of panchanama and the matter was reported to the Joint Collector, Ongole, Prakasam District, 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 Joint Collector, Ongole, Prakasam District, after holding an enquiry, rejected the contentions put forth by the petitioner and ordered confiscation of 100% of the seized stock or its value to the Government. The said order, dated 28.12.1999 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.21 of 2000 and the learned Sessions Judge, Prakasam Division, Ongole by his judgment, dated 30.07.2004, dismissed the said appeal, confirming the order of the Joint Collector, Ongole. The said judgment, dated 30.07.2004, 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 by diverting the 291 kgs of PDS rice and that, it was also found that he sold away 654 kgs of mid-day meal rice. To the notice issued to the petitioner under Section 6B of the Act, he could not offer a proper explanation. In fact, the authorities below not being satisfied with the explanation offered by the petitioner, ordered confiscation of the entire seized stock. Accordingly, I see no merits in this Revision. However, as the said offence is of the year 1999, this Court is of the view that some relief can be given to the petitioner. Accordingly, the said order of confiscation passed by the Joint Collector, Ongole, Prakasam District, as was confirmed by the Sessions Judge, Ongole in appeal, is modified and the confiscation of the stocks is restricted to 30%. Except the said modification, in all other aspects, this Criminal Revision Case is dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 24th February 2011 DR