THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.991 of 2004 JUDGMENT: The Circle Inspector, Vigilance Cell, CSD, Ongole, on receipt of credible information that the petitioner is doing business in pulses unauthorisedly by keeping the stocks in D.No.7-4-127(1), Vaddepalem of Kandukur Town, surprised the said premises on 04.02.1999 and on verification found that the petitioner is doing business in pulses without any licence and that no documents pertaining to the said stocks were available in the said premises. As the same is in contravention of Clause 3 of A.P. Prevention of Hoarding of Food grains Order, 1973, the stock was seized and the matter was reported to the Joint Collector for initiation of necessary proceedings. Pursuant to the said reference, the proceedings under Section 6-A of the Essential Commodities Act has been initiated and the petitioner was served with a notice calling for his explanation. The Joint Collector, Ongole, Prakasam District, after holding an enquiry, rejected the contentions put forth by the petitioner and ordered confiscation of 25% of the seized stock or its value to the Government. The said order, dated 15.11.1999 was questioned by filing an appeal under Section 6-C of the Essential Commodities Act and the same was numbered as Criminal Appeal No.209 of 1999 and the learned Sessions Judge, Prakasam Division, Ongole by his judgment, dated 20.01.2004, dismissed the same. The said judgment, dated 20.01.2004, is questioned in this Revision. Heard learned counsel for the petitioner. Having considered the submissions and on perusal of the relevant material available on record, this Court is of the view that the petitioner was in possession of the pulses in the said premises and was doing business in them without having any licence. He could not offer a proper explanation for the same. In fact, the authorities below not being satisfied with the explanation offered by the petitioner, ordered confiscation of the seized stock. Accordingly, I see no merits in this Revision. However, as the said offence is of the year 1999, 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, Ongole, Prakasam District, as was confirmed by the Sessions Judge, Ongole in appeal, is modified and the confiscation of the stocks is restricted to 15%. Except the said modification, in all other aspects, this Criminal Revision Case is dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 17th February 2011 DR