THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.1897 of 2010 DATED: 20-10-2010 ORDER: This Criminal Revision Case is directed against the order, dated 01-07-2010, in Crl.A.No.119 of 2008 passed by the learned Sessions Judge, Anantapur, whereby the appeal filed by the petitioner was dismissed for default. 2. Proceedings under Section 6-A of the Essential Commodities Act were initiated against the petitioner and though the petitioner offered a detailed explanation the 3rd respondent herein-Joint Collector, Anantapur ordered confiscation of 7% of the seized stock by his order, dated 26-05-2008. The same was questioned by filing Crl.A.No.119 of 2008 before the learned Sessions Judge, Anantapur, and the learned Judge passed the following order: “No representation from appellant till 3.40 p.m., No progress is made though this Court has cautioned that the case is posted as last chance. There is no reason to keep the appeal pending when the appellant has not shown any interest. Appeal is dismissed for default”. 3. Heard both sides. Perused the record. 4. Learned counsel for the petitioner would submit that the counsel appearing for the petitioner in the Court below was busy in some other Court and as the presence of the petitioner is not required he did not appear on that day. However, the Court below taking a serious view of the matter dismissed the appeal. He would further submit that the petitioner is having valid licence and had the Court below gone into the facts it would have allowed the appeal. 5. Apparently, the appeal is dismissed for default and the explanation offered by the petitioner that his counsel, who was appearing in the Court below, was busy in some other Court, in my considered view may not be a ground for his absence, however, as the appeal was not decided on merits, this Court is of the view that the petitioner may be given an opportunity. Accordingly, the order, dated 01- 07-2010, in Crl.A.No.119 of 2008 on the file of the learned Sessions Judge, Anantapur is hereby set aside, however on payment of costs of Rs.500/- ( rupees five hundred only) to be paid to the District Legal Services Authority, Anantapur, within a period of two weeks. On ascertaining the fact that the costs are paid, the learned District Judge may take up the appeal, hear and dispose of the same in accordance with law. 6. With the above observations, Criminal Revision Case is allowed. _______________________________ GOPALA KRISHNA TAMADA,J 20th October, 2010. Tsy