THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.1706 of 2010 DATED: 27-09-2010 ORDER: This Criminal Revision Case is filed by the petitioner questioning the order, dated 29-07-2010, in Crl.A.No.155 of 2010 on the file of the learned Principal Sessions Judge, Warangal, modifying the order, dated 29-07-2009, in E.C.A.C.No.51 of 2009 passed by the District Collector, Warangal. 2. Brief facts of the case are that on credible information, the Assistant Supply Officer, Narasampet and the Deputy Tahsildar, Civil Supplies, Mahabubabad, along with their staff and witnesses, visited the business premises of M/s Laxmi Venkateshwara Binny Rice Mill on 26-05-2009 at about 11.30 a.m., and found the petitioner carrying on the business. When questioned, he informed them that he is one of the partners of the Rice Mill and he is looking after the business. Thereafter, the officials inspected the business premises and found certain variations in the registers maintained by the petitioner. As the petitioner could not offer any valid explanation for the said variations, they concluded that the petitioner is a non- trading miller and is indulging in trading and not delivering the mill levy, thereby contravening the provision Clause 3 of the A.P.Rice Procurement (levy) Order, 1984 and further concluded that he was holding huge stocks in the mill premises, contrary to condition 2K of the A.P.Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008 (hereinafter referred to as ‘control order’). The entire stock from the rice mill was seized and the matter was reported to the District Collector for initiation of proceedings, as provided for under law. Pursuant thereto, the District Collector initiated proceedings under Section 6-A of the Essential Commodities Act (for brevity, ‘the Act’) and a notice under Section 6-B of the Act, calling for explanation from the petitioner, was issued for which petitioner offered a detailed explanation. After holding a detailed enquiry, the District Collector came to the conclusion that the petitioner is a non-trading miller and further he was not having any valid licence to possess huge stocks and thus, holding that the said charges against the petitioner are true, ordered confiscation of 90% of the value of the seized stock in favour of the State Government. The said order, dated 29-07-2009, was questioned by filing Crl.A.No.155 of 2010 and the learned Judge by his judgment, dated 29-07-2010, came to the conclusion that the petitioner is guilty of the said charges against which the District Collector held an enquiry, however, taking a lenient view, reduced the said confiscation to 30%. The same is questioned by the petitioner in this revision. 3. Learned counsel for the petitioner submitted that the said charges/allegations are very trivial in nature and even if it is accepted that there is no proper maintenance of accounts, the authorities below ought not to have ordered confiscation of 30%. 4. According to the learned counsel for the petitioner, petitioner is running a non-trading mill for the last so many years and he was properly maintaining the ‘C’ registers and as such the authorities below ought to have taken a lenient view and let him off with a warning. 5. Heard both sides. Perused the record. 6. From a perusal of the order impugned in this revision, this Court is of the view that the petitioner had contravened the said provisions for which the enquiry was held. May be it is true that the said allegations/charges are trivial in nature, but a trader like the petitioner is expected to maintain proper registers and any violation of the conditions of the licence or provisions of the said control order, would definitely make him liable for punishment. Having regard to the fact that the said allegations/charges are trivial in nature, this Court while concurring with the said finding of the authorities below, reduces the said confiscation to 20% of the seized stocks. 7. With the above modification, this Criminal Revision Case is disposed of. _______________________________ GOPALA KRISHNA TAMADA,J 27th September, 2010. Tsy