IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD FRIDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TEN PRESENT: HONOURABLE SRI JUSTICE K.C. BHANU CRIMINAL REVISION CASE No.1331 OF 2004 BETWEEN: State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of A.P., Hyderabad. …. Petitioner AND Vemula Srinivas and others …. Respondents HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL REVISION CASE No.1331 OF 2004 ORDER: This Criminal Revision Case by the State represented by Public Prosecutor is filed under Sections 397 and 401 Cr.P.C. against the judgment, dated 28-10-1999, in Criminal Appeal No.106 of 1999 on the file of the Sessions Judge, Warangal. 2. As seen from the record, the Joint Collector, Warangal, vide order dated 22-07-1999 in ECAC No.129 of 1998, confiscated 70% of value of the stock seized, to the Government. On appeal, the appellate Court remanded the matter to the Joint Collector for fresh disposal on the ground that the procedure as contemplated under Criminal Procedure Code or Indian Evidence Act are not followed. 3. The report filed under Section 6-A of the Essential Commodities Act, 1955 before the Joint Collector, Warangal discloses that certain records were seized during the course of enquiry. Likewise, the property, which was in contravention, was also seized. List of witnesses was cited in the report and the panchanama and other documents were enclosed to the report. The order of Joint Collector does not indicate about the reference of any documents seized or the report filed by the Vigilance Police. No witness was examined. None of the findings of the learned Joint Collector are shown to be based upon the material available on record. When the findings are not based upon any material on record, the appellate Court rightly remanded the matter for fresh disposal in accordance with law. The order of the learned Sessions Judge us not shown to be illegal or improper so as to call for interference by this Court. 4. Accordingly, the Criminal Revision Case is dismissed confirming the judgment dated 28-10-1999 in Criminal Appeal No.106 of 1999 on the file of the Sessions Judge, Warangal. ____________ K.C. BHANU, J July 09, 2010 KTL