HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:431 OF 2011 JUDGMENT: The revision is filed by the petitioner against the judgment passed on 2.11.2010 in E.C.C.M.A.No:75 of 2009 by the Principal District Judge, West Godavari District, Eluru confirming the order passed in Roc.No:CS.I/74/ECA/2009 dated 9.11.2009 by the Joint Collector, West Godavari. During the course of inspection conducted by the respondents- authorities on 9.7.2009, the petitioner was found indulging in clandestine business without any accounts and proper registers, and the licence, which was valid upto 31.3.2009, was also not renewed, and he was also found storing 218 quintals of rice, which is over and above the permissible limit and also found indulging in clandestine business in Rice Paddy by not exhibiting the stock board. As the same were in contravention of provisions of clause 3 of the APSCD (LS & R) Order, 2008 r/w Section 6 A of the E.C. Act, the entire ground 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 had been initiated and the petitioner was served with a notice calling for his explanation. The Joint Collector, West Godavari, Eluru, after holding an enquiry, rejected the contentions put forth by the petitioner and ordered confiscation of 50% of the seized stock to the Government. The said order, dated 9.11.2009 was questioned by filing an appeal under Section 6-C of the Essential Commodities Act before the Principal District Judge, West Godavari, Eluru and the same was numbered as E.C.C.M.A.No.75 of 2009 and the learned District Judge, by judgment, dated 02.11.2010, dismissed the same. The said judgment is questioned in this Revision. Heard and perused the material available on record. While submitting that the petitioner is maintaining accounts books viz., stock register, bill book, invoices/bills and daily sales register correctly, it is contended by the learned counsel for the petitioner that the petitioner could not renew the licence by the date of inspection, due to his illness and due to the sudden demise of his sister and that the licence was got expired on 31.3.2009 and the petitioner paid the renewal fees vide S.B.I challan No:68477, dated 31.3.2009 and therefore, a lenient view may be taken in this regard. From the material on record, it is obvious that the petitioner paid renewal licence fee vide challan No.68477, dated 31.3.2009 and the licence was renewed. In fact, the petitioner had not given any application along with the said challan and subsequently he gave an application. From the above, it is clear that there are laches on the part of the petitioner. In those circumstances, it cannot be said that the confiscation is bad. However, considering the facts and circumstances of the case and in view of the fact that the licence has also been renewed by paying the renewal fee, I feel it just and proper to take a lenient view and therefore, the confiscation at 50% of the seized stock is restricted to 10% only. Accordingly, the said order of confiscation passed by the Joint Collector, West Godavari, Eluru, as was confirmed by the Principal District Judge, Eluru in appeal, is modified. With the above modification, this Criminal Revision Case is dismissed. __________________________ Justice Gopala Krishna Tamada Dated: 1.3.2011 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:431 OF 2011 1.3.2011