THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.418 of 2011 JUDGMENT: The petitioner is a business man and partner of Rangaraju Rice mill situated at Poolapalli, Palacole Mandal. On credible information that the partner of the said rice mill is indulging in clandestine business by not maintain records and accounts properly, the Grain Purchasing Assistant, Narsapur, and a team of officers of Vigilance and Enforcement and Civil Supplies Department surprised the said rice mill on 23.08.2008 and during the course of inspection, they noticed that as against the levy of 94,420.71 quintals of rice to be delivered to the Food Corporation of India by the said rice mill (i.e., 75% of the rice derived out of total paddy milled), only 65,714.02 quintals of rice was actually delivered and thus, there was a short delivery of 28,706.69 quintals. In view of the said irregularity, the entire stock was seized and the matter was reported to the District Collector, West Godavari, Eluru, who, in turn initiated proceedings under Section 6-A of the Essential Commodities Act. The petitioner offered a detailed explanation stating that there is absolutely no excess sales of rice made by him and he is not carrying on any clandestine business. The District Collector after holding a detailed enquiry came to the conclusion that the petitioner is in possession of the rice of the crop year 2007-2008 and the prescribed levy was not delivered to Food Corporation of India, and accordingly, ordered confiscation. However, taking a lenient view, the said confiscation was restricted to 5% of the value of the seized stocks of rice. The same was questioned by filing an appeal in E.C.C.M.A.No.30 of 2009 and the Principal District Judge, West Godavari at Eluru, while agreeing with the said findings of the District Collector, dismissed the appeal and thereby, confirming the order of confiscation passed by the District Collector. The same is questioned in this Revision. It is mainly contended by the learned counsel for the petitioner that the said stocks belongs to the year 2006-07 and as per the C.C.S.R.Ref.No.PI(1)5303/2007, dated 17.01.2008, issued by the Office of the Commissioner of Civil Supplies, Hyderabad, the Government permitted the rice millers to sell the old stocks of paddy/raw rice available with them as on 30.09.2007 pertaining to KMS 2006-07 in the places outside the State. According to her, the entire stock of rice which was seized belongs to the year 2006-07, but the authorities below have not taken that fact into consideration, and hence, prayed this Court to allow this Revision. Heard. It is true that in the said reference, the Government directed the rice millers to sell the old stocks of paddy/raw rice available with them as on 30.09.2007 pertaining to KMS 2006- 07 only outside the state. In the very same reference, it is further stated that under no circumstances, the raw rice stocks of the year 2007-08 can be permitted for sale outside the state. May be, it is a fact that the petitioner in his explanation stated that the entire seized stock of rice relates to the year 2006-07, but the said fact was not accepted by the authorities below. Except making a bald statement that the entire seized stock of rice relates to the year 2006-07, no material is placed before the authorities below to establish his contention. In the circumstances, this Court is unable to countenance the said submissions made by the learned counsel for the petitioner. Accordingly, I see no merits in the Criminal revision Case. In the result, the Criminal Revision Case is dismissed. However, as the authorities below have taken a lenient view, this Court is also of the view that a lenient view can be taken and accordingly, the said order, dated 11.06.2009, passed by the District Collector, West Godavari, Eluru, as was confirmed by the Principal District Judge, West Godavari at Eluru, in E.C.C.A.M.A.No.30 of 2009, by an order, dated 15.11.2010, confiscating 5% of the seized stock is modified to that confiscation of 4% of the seized stock of rice. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 23rd March 2011 DR