HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:868 OF 2011 JUDGMENT: The revision is filed by the petitioner against the judgment made on 29.11.2010 in ECCMA No.44 of 2010 by the Principal District Judge, West Godavari, Eluru, modifying the order dated 22.6.2010 passed by the Joint Collector, West Godavari, Eluru, in Roc.No.CS- I/135/ECA/2009. On 11.9.2009, the Assistant Grain Purchasing Officer, Tanuku, along with F.I., Tadepalligudem, M.R.I., Ganapavaram, VRO, Saripalle, inspected M/s. Sri Srinivasa Rice Mill, Saripalle, Ganapavaram, which belongs to the petitioner and noticed unauthorized possession of rice and also noticed that the petitioner was doing clandestine business for his personal gains and was not maintaining proper accounts. As the petitioner violated the provisions of APSCD (LS & R) Order, 2008, the entire 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 100% of value of the seized stock to the Government. The said order, dated 22.06.2010 was questioned by filing an appeal before the District Court, West Godavari Eluru, under Section 6-C of the Essential Commodities Act and the same was numbered as ECCMA.No.44 of 2010 and the learned District Judge, by judgment, dated 29.11.2010 while upholding the findings of the Joint Collector, reduced the confiscation of 100% to 50%. 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 in unauthorized possession of the rice and he was found doing business without maintaining the accounts properly. Thus, the petitioner contravened the terms and conditions of APSCD (LS & R) Order, 2008. But however, taking into consideration the facts and circumstances of the case, the learned District Judge has taken a lenient view and reduced the confiscation from 100% to 50% only. I do not see any merits in this revision. But, however, as the said confiscation was effected in the year 2009, this Court is inclined to reduce the said confiscation from 50% to 25%. With the above modification, the Criminal Revision Case is dismissed. __________________________ Justice Gopala Krishna Tamada Dated: 7.4.2011 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:868 OF 2011 7.4.2011