HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:454 OF 2011 JUDGMENT: The revision is filed by the petitioner against the judgment made on 19.10.2010 in Crl.A.No.38 of 2010 by the Principal Sessions Judge, Warangal. The Complainant-Grain Purchasing Assistant, Warangal, along with Deputy Tahsildar (CS), Cherial, inspected the business premises of the petitioner and found two heaps of rice, out of which, one pertained to PDS rice and the name on the gunny bag as Ramakrishna Rice Mill, Rajupet etc., and the other one in irregular bedding. On 26.9.2009, the complainant along with the team of other officials inspected the stocks available, weighed them, verified the stock register and found huge variations. In addition to that, 95 quintals of PDS rice meant for distribution to the BPL card-holders through Fair Price Shops under the Public Distribution System was also found in the mill. As the same was in contravention of provisions of clause 3 of the APSCD (LS & R) Order, 2008, the entire stock was seized and the matter was reported to the District Collector for initiation of necessary proceedings. Pursuant to the said reference, the proceedings under Section 6-A of the Essential Commodities Act had been initiated and the petitioner was served with a notice calling for his explanation. The District Collector, Warangal, after holding an enquiry, rejected the contentions put forth by the petitioner and ordered confiscation of 45% value of the seized stock to the Government. The said order, dated 31.12.2009 was questioned by filing an appeal under Section 6-C of the Essential Commodities Act before the Principal Sessions Court, Warangal, and the same was numbered as Crl.A.No.38 of 2010 and the learned Sessions Judge, by judgment, dated 19.10.2010, modified the order of the District Collector and reduced the confiscation from 45% to 30%. Aggrieved by the same, the present revision is preferred by the petitioner. Heard and perused the material available on record. On a perusal of the material available on record, it appears that the petitioner was found indulging in clandestine business in his mill premises and illegally purchasing PDS rice meant for distribution to the BPL card holders through Fair Price Shops under the Public Distribution System and thus, he contravened Clause 3 of APSCD (LS & R) Order, 2008. But the material on record goes to show that the confiscation of 45% value of the seized stock is not in proportionate to the gravity of the charges. In view of the same, the learned Sessions Judge has taken a lenient view and ordered confiscation of 30% only. Therefore, I do not find any reasons to interfere with the judgment impugned. But however, as the said confiscation was effected in the year 2009, this Court is inclined to reduce the said confiscation from 30% to 15%. With the above modification, the Criminal Revision Case is dismissed. __________________________ Justice Gopala Krishna Tamada Dated: 7.3.2011 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:454 OF 2011 7.3.2011