THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1395 of 2004 JUDGMENT: The Inspector of Police, Vigilance Cell, Civil Supplies Department, Nizamabad, on receipt of credible information with regard to the clandestine business and non-maintenance of true and correct records by M/s Gangadhar Kirana and Fertilizers, Nasurullahbad, surprised the said shop on 08.07.1998 along with his staff and on physical verification of the ground stock with reference to the book balance certain variations were found. When questioned about the said variations, the first appellant herein did not give explanation. As such, the ground balance of 398 bags of different fertilizers was seized under the cover of panchanama and the matter was reported to the Joint Collector, Nizamabad, 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’) have been initiated and the petitioner was served with a notice calling for his explanation. The Joint Collector, Nizamabad, 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 31.08.1998 was questioned by the petitioner herein by filing an appeal under Section 6-C of the Act and the same was numbered as Criminal Appeal No.143 of 1998 and the learned Sessions Judge, Nizamabad by his judgment, dated 19.04.2004, dismissed the said appeal, confirming the order of the Joint Collector, Nizamabad. The said judgment, dated 19.04.2004, is questioned in this Revision. Heard learned counsel for the petitioners. Having considered the submissions and on perusal of the relevant material available on record, it is evident that the petitioners indulged in clandestine business. But, however, having regard to the fact that the offence is committed in the year 1998 and since then more than a decade lapsed and the petitioners were made to run from one forum to another all these years, 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, Nizamabad, as was confirmed by the Sessions Judge, Nizamabad in appeal, is modified and the confiscation of the stocks is restricted to 50%. Except the said modification, in all other aspects, this Criminal Revision Case is dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 31st March 2011 DR