THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1872 of 2010 JUDGMENT: The petitioner filed this Criminal Revision Case questioning the order, dated 20.07.2010, passed by the Principal Sessions Judge, Warangal, in Crl.A.No.45 of 2008, wherein and whereby the order, dated 20.06.2008, passed by the District Collector, Warangal, in E.C.A.C.No.48 of 2008 was confirmed. The main contention of the learned counsel for the petitioner is that the variation in the stock of paddy is only (+) 3.8 quintals and in the stock of rice, it is only (-) 0.70 quintals and the same are within the permissible limits and hence, prayed to set aside the impugned order. From a perusal of the record, it is clear that the stock of paddy as per the B-Register is 883.70 quintals, but on physical verification it was found to be 887.50 quintals, and similarly, as against 193.70 quintals of rice as per the B-Register, only 193 quintals of rice was found during the physical verification and the variation, apparently, is (+) 3.80 quintals insofar as the paddy is concerned and (-) 0.70 quintals insofar as the rice is concerned and the said variation in the stocks can be said to be within the permissible limits. The authorities below having regard to the fact that the said variation in the stocks, when compared with the book balance with that of the ground stock, is within the permissible limits ought not to have confiscated the stocks that were seized. Accordingly, the Criminal Revision Case is allowed and the order, dated 20.07.2010, passed by the Principal Sessions Judge, Warangal, in Crl.A.No.45 of 2008 and also the order, dated 20.06.2008, passed by the District Collector, Warangal, in E.C.A.C.No.48 of 2008, are hereby set aside and the entire seized stocks that were ordered to be confiscated to the Government is hereby directed to be released in favour of the petitioner. If the stocks are already sold during the pendency of the proceedings, the value of the same shall be returned to the petitioner. __________________________________ JUSTICE GOPALA KRISHNA TAMADA 25th October 2010 dr