HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.721 OF 2004 Dated 18-6-2010 Between: B.Gurubrahmam. …Petitioner. And: The State of A.P. represented by its Public Prosecutor, High Court of A.P., through the Inspector of Police, VCCSD (Civil Supplies), Guntur, Guntur District. …Respondents. HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.721 OF 2004 ORDER: Aggrieved by the judgment passed on 9-3-2004 in Criminal Appeal No.259 of 1999 by the learned Sessions Judge, Guntur, modifying the order of confiscation by reducing the extent of confiscation of the seized stock ordered by the Collector on 22-3- 1999 in E.C. Act Case No.39/98-87, to 35% of the seized stock only instead of 50% of the seized stock and dismissing the appeal in all other respects. The facts leading to file the present revision case are in a nutshell as follows: One person by name B.Gurubrahmam, lessee M/s Sri Venkateswara Rice & Floor Mill, Gurazala situated at D.No.2- 666, MacherLa Road, Gurazala without possessing licence and without maintaining records indulged in an unauthorized purchase of paddy from the ryots, hoarding the same, milling the same and sell the resultant Rice & Brokens to the needy at higher rates and believing on such information, the complainant along with his staff and mediators surprised the premises of the said mill and found the respondent No.1 was present. When questioned, he stated that he took the mill on lease from Sri Dasari Venkateswara Rao, Tenali and running the mill for the last one year. On demand, he produced the hire working register and stated that he is not possessing any Licence. Later, the complainant verified the available stocks in the mill and found 55 bags of paddy, 68 ½ bags of rice, 13 bags of raw rice and 5 bags of brokens and got weighed the stocks with the help of hamalis and fund 38-50 Qtls of paddy, 68-50 Qtls of rice, 6-50 Qtls of raw rice, and 5-00 Qtls of brokens all worth Rs.1,06,750/-. On verification of hire work register, it was not having any of the farmers signatures. Hence, the complainant seized the available stocks in the mill and handed over the same to Sri Devarasetty Chandrasekhar Rao, Proprietor, Balaj Dhanalakshmi Fertilizer, Gurazala for temporary safe custody and booked a case against the respondent in Crime No.26/VC-GTR/98 and submitted a report to the Court. The learned District Collector, Guntur having perused the entire material available on record, ordered for confiscation of 50% of the seized stock. Aggrieved by the same, the petitioner and others preferred an appeal before the learned Sessions Judge, Guntur. The learned Sessions Judge, having perused the entire material available on record, allowed the appeal to the extent of modifying the order of confiscation, reducing the extent confiscation of the seized stock ordered by the learned District Collector to 35% of the seized stock only instead of 50% of the seized stock and dismissing the appeal in all other respects. Aggrieved by the same, the present revision has been preferred by the petitioner herein. Heard the learned Counsel and perused the material available on record. On perusal of the entire evidence on record, nothing is there to suggest that the order is apparently error and illegal in nature. The learned Sessions Judge after going through the entire evidence adduced by both parties, decided the issue against the petitioner and more particularly when the petitioner is bound to maintain a register, he has not produced the same before the concerned authority. In view of the same, this Court is of the view that there is no need to interfere with the judgment of the appellate Court. Accordingly, this Criminal Revision Case is dismissed. _______________________ Justice RAJA ELANGO Dated 18-6-2010 Dvs HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.721 OF 2004 Dated 18-6-2010