HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.777 OF 2011 ORDER: The revision is filed by the petitioners against the judgment made on 24.11.2010 in E.C.C.M.A.No.41 of 2010 by the Principal District Judge, West Godavari, at Eluru, modifying the order dated 06.05.2010 passed by the Joint Collector, West Godavari, Eluru, in Roc.No.CS1/240/ECA/2008. On 17.03.2009, the District Supply Officer, West Godavari, Eluru, along with the Assistant Grain Purchasing Officer, Eluru; Special Deputy Tahsildar (CS), Chinthalapudi and Food Inspector, Eluru, surprised the premises of M/s. Sri Sai Parameswari General Stores situated at R.S.No.111 and 112 main road, Pathebada, Eluru, and on verification, found that the petitioners stored 81.50 quintals of Rice, which is over and above the permissible limit; that the petitioners are purchasing PDS Rice, which is being supplied on white cards under PDS, and selling the same at higher rates and that the petitioners interrupted the process of smooth distribution of Scheduled Commodities under PDS. Thus, the petitioners were found indulging in clandestine business by storing huge quantity of Rice in contravention of Clause 3 of the A.P.S.C.D.(LS & R) Order, 2008 read with Section 6-A of the Essential Commodities Act, 1955, (for short, “the Act”); purchasing PDS Rice supplied on white cards and selling the same at higher rates in contravention of Clause 17 (a) (Interruption of the Process of PDS Distribution) of APSPDS (Control) Order, 2008 and interrupting with the process of smooth distribution of scheduled commodities under PDS in contravention of provisions of APSPDS (Control) Order, 2008, and hence, the entire ground stocks were seized and the District Supply Officer, Eluru, filed a complaint before the Joint Collector for initiation of necessary proceedings. Pursuant to the said complaint, proceedings under Section 6-A of the Act had been initiated and the petitioners were served with a notice calling for their explanation. The Joint Collector, Eluru, after perusing the records and considering the applications and representations, rejected the contentions put forth by the petitioners and ordered confiscation of 75% value of the seized stock. The said order, dated 06.05.2010, was questioned by filing an appeal before the Principal District Judge, Eluru, under Section 6-C of the Act, and the same was numbered as E.C.C.M.A.No.41 of 2010 and the learned Principal District Judge, by judgment, dated 24.11.2010, while confirming the findings of the Joint Collector, reduced the confiscation of 75% value of the seized stock to 50%. 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 not maintaining the accounts and registers properly and correctly; storing huge quantities of Rice; purchasing PDS Rice, which is being supplied on white cards under PDS, and selling the same at higher rates and interrupting with the process of smooth distribution of scheduled commodities under PDS and thus, they contravened Clause 3 of the A.P.S.C.D. (LS& R) Order, 2008 read with Section 6-A of the Act; Clause 17 (a) (Interruption of the Process of PDS Distribution) of APSPDS (Control) Order, 2008 and APSPDS (Control) Order, 2008. But however, taking into consideration the facts and circumstances of the case, the learned Principal District Judge has taken a lenient view and ordered confiscation of 50% only. I do not see any merits in this revision. But however, as the said confiscation was effected in the year 2010, this Court is inclined to reduce the said confiscation from 50% to 25%. 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.777 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.777 OF 2011 Between: Smt. Satyavarapu Sujatha and another ..... PETITIONERS AND State of A.P. and another ....RESPONDENTS The Court made the following :