THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1505 of 2004 JUDGMENT: The Sub-Inspector of Police, Vigilance Cell, Civil Supplies Department, Yaddnapudi Mandal of Prakasam District, on receipt of credible information, along with his staff surprised the fair price shop of the petitioner on 20.05.1999, at about 10 am., and on verification, found that there was double entries in the register, which revealed that the dealer is manipulating the accounts and thereby, indulging in diversion of the stock to the black- market. It is also found that he failed to exhibit and maintain the stock-cum-price list board and thus, doing clandestine business with PDS commodities and as such, the same were seized under the cover of panchanama in the presence of mediators and the matter was reported to the Joint Collector, Prakasam District, 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’) has been initiated and the petitioner was served with a notice calling for his explanation. The Joint Collector, Prakasam District, after holding an enquiry, rejected the contentions put forth by the petitioner and ordered confiscation of the entire seized stock to the Government. The said order, dated 10.12.1999 was questioned by the petitioner herein by filing an appeal under Section 6-C of the Essential Commodities Act and the same was numbered as Criminal Appeal No.3 of 2000 and the learned Sessions Judge, Prakasam Division, Ongole, by his judgment, dated 01.07.2004, dismissed the said appeal, confirming the order of the Joint Collector, Prakasam District. The said judgment, dated 10.12.1999, 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, it is evident that the petitioner indulged in black-marketing business. But, however, having regard to the fact that the alleged offence was committed in the year 1999 and since then more than a decade lapsed and the petitioner was 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, Prakasam District, as was confirmed by the Sessions Judge, Prakasam District, Ongole in appeal, is modified and the confiscation of the stocks is restricted to 40%. Except the said modification, in all other aspects, this Criminal Revision Case is dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 31st March 2011 DR