THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL REVISION CASE No.909 OF 2011 DATED:26.07.2011 ORDER: This Criminal Revision Case is directed against the order, dated 21.02.2011, in E.C.A.No.104 of 2010 on the file of the learned Sessions Judge, Machilipatnam, Krishna District, wherein the said appeal filed by the petitioner herein, was dismissed, confirming the order, dated 16.11.2009, of the Joint Collector, Krishna District in E.C.P.No.313 of 2009. 2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent-State. Perused the records. 3. The Grain Purchasing Assistant, Jaggaiahpet filed a complaint stating that she along with the Circle Inspector of Vigilance and Enforcement Department and Mandal Revenue Inspector, Vatsavai surprised the Primary Agricultural Cooperative Society, Chittela village of Vatsavai mandal on 27.08.2009 at 5.30 p.m., and found 33.75 quintals of red gram belonging to one Doppalapudi Kotaiah and on questioning, he stated that he gave the godown for rent to Pasupula Kesava Rao of Lingala village and the said red gram stock belongs to Pasupula Kesava Rao. The Officials seized the said stock of red gram in the presence of mediators and handed over the same to Arigela Baby, V.R.O., Chittela village for safe custody and filed report under Section 6-A of the Essential Commodities Act, 1955 ( for brevity, ‘the Act’). 4. The Joint Collector issued notices to the said Kotaiah, Kesavarao and Kolikiveni Sitharamaiah, Secretary, P.A.C.S., under Section 6-B of the Act and framed charge for violation of Clause 3 of the A.P.Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008. During the enquiry, the said Kotaiah stated that he gave the room to one Kalyanapu Rama Rao-petitioner herein for storing red gram. Doppdalapudi Kotaiah, Pasupula Kesava Rao and Kolikiveni Seetharamaiah filed written explanation stating that the stock of 33.75 quintals of red gram belonged to one Kancheti China Saida Rao of Pochavaram village and they have nothing to do with the same. Petitioner herein filed a claim application stating that he owns an extent of Ac.7.20 cents of land and that in the year, 2008- 09 he raised red gram crop and stored 33.75 quintals of red gram in the room of P.A.C.S., Chittella village. The Joint Collector held that the petitioner herein failed to establish his claim of the seized stock of red gram. On appeal, the learned Sessions Judge confirmed the same and dismissed the appeal filed by the petitioner. Hence, the present Revision Case. 5. Petitioner herein claimed to be the owner of the red gram. During the enquiry, he has not produced any documents to show that the seized red gram belonged to him or that it was the yield realized from his lands. May be the petitioner is having agricultural lands, but it does not however lead to any inference that the seized red gram was the yield from the said lands. The Secretary, P.A.C.S. has stated that he did not lease out the room to the petitioner herein and that the room was leased to one D.Kotaiah, who in turn sub-leased the same to Kesava Rao, who is a trader in pulses. In the panchanama also, it was mentioned that the seized stock belonged to Pasupala Kesava Rao. The claim of the petitioner that he took the room on rent of Rs.200/- per month from the P.A.C.S., Chittella, remained baseless and totally unsubstantiated, in view of the statement of the Secretary, P.A.C.S. that the room was never let out to the petitioner and it was let out only to D.Kotaiah. In the absence of any evidence to show that the petitioner has taken the room on rent from the P.A.C.S. or that the seized stock of red gram represented the yield from the lands of the petitioner, the Joint Collector and the learned Sessions Judge have rightly held that the petitioner failed to establish his claim over the said seized stock of red gram. The impugned orders passed by the Courts below, dismissing the claim of the petitioner, do not call for any interference. 6. In the result, Criminal Revision Case is dismissed. _______________________ G.V.SEETHAPATHY, J 26th July, 2011. Tsy