HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.817 OF 2011 ORDER: The revision is filed by the petitioners against the judgment made on 03.12.2010 in E.C.C.M.A.No.48 of 2008 by the Principal District Judge, West Godavari, at Eluru, modifying the order dated 26.05.2008 passed by the Collector, West Godavari at Eluru, in Roc.No.CS-I/70/ECA/2007. On 22.03.2007, the Revenue Divisional Officer, Eluru, along with the Tahsildar, Denduluru; Assistant Grain Purchasing Officer, Tanuku; C.S. Deputy Tahsildars, Eluru and Pedapadu and Food Inspectors, Eluru and Tanuku, surprised the Rice Mill of the petitioners situated at Pothunuru Village of Denduluru Mandal and on verification, found that there was a variation of (+) 14.15 quintals in stock of Paddy and (+) 200.35 quintals of Rice. Thus, the petitioners were found indulging in clandestine business by evading levy to the FCI and hoarding a huge quantity of paddy and rice in contravention of Clauses 3,4,12 and 16 of Andhra Pradesh Rice Procurement (Levy) Order, 1984 and hence, the entire stocks were seized and the matter was reported to the District Collector for initiation of necessary proceedings. Pursuant to the said reference, the proceedings under Section 6-A of the Essential Commodities Act, 1955, had been initiated and the petitioners were served with a notice calling for their explanation. The District Collector, West Godavari, after holding an enquiry, rejected the contentions put forth by the petitioners and ordered confiscation of 25% value of the seized stock. The said order, dated 26.05.2008 was questioned by filing an appeal before the Principal District Judge, West Godavari at Eluru, under Section 6-C of the Essential Commodities Act, and the same was numbered as E.C.C.M.A.No.48 of 2008 and the learned Principal District Judge, by judgment, dated 03.12.2010, while confirming the findings of the Collector, West Godavari at Eluru, reduced the confiscation of 25% value of the seized stock to 15%. Aggrieved by the same, the present revision is preferred by the petitioners. Heard and perused the material available on record. On a perusal of the material available on record, it appears that the petitioners were found indulging in illegal business by purchasing paddy at lower prices without making any entries about purchase in the stock register and doing clandestine business by milling paddy, converting it into rice and was in the habit of selling paddy and rice in the open market for pecuniary benefits by evading levy to the FCI and thus, they contravened Clauses 3, 4, 12 & 16 of the Andhra Pradesh Rice Procurement (Levy) Order, 1984. But however, taking into consideration the facts and circumstances of the case, the learned Principal District Judge, West Godavari, has taken a lenient view and ordered confiscation of 15% only. I do not see any merits in this revision. But however, as the said confiscation was effected in the year 2008, this Court is inclined to reduce the said confiscation from 15% to 10%. With the above modification, the Criminal Revision Case is dismissed. ________________________________ GOPALA KRISHNA TAMADA, J April 01, 2011 MD HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.817 OF 2011 April 01, 2011 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.817 OF 2011 Between: Smt. M. Ratna Kumari and another ..... PETITIONERS AND State of Andhra Pradesh ....RESPONDENT The Court made the following :