THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.309 of 2011 JUDGMENT: This Criminal Revision Case is directed against the order of the Principal District Judge, West Godavari at Eluru in E.C.C.M.A. No 72 of 2009, dated 3.12.2010, whereby the learned District Judge dismissed the appeal while confirming the order of the Joint Collector. The petitioner is the proprietor of M/s. Sri Srinivasa Rice and General Stores, Gajjalavari Cheruvu, Eluru. On receipt of credible information that the petitioner is indulging in clandestine business, the District Supply Officer, West Godavari Eluru inspected the business premises of the petitioner along with the mediators on 9.7.2009 and found that the petitioner is doing clandestine business and accordingly seized the said stocks. The matter was reported to the Joint Collector for initiation of necessary proceedings. Thereafter, a show cause notice was issued to the petitioner calling upon him to submit an explanation. In pursuance of which, the petitioner appeared before the Joint Collector and stated that he obtained licence of food grains and as the licence expired on 31.3.2009, he applied for renewal of the same. He further stated that 200 Qtls., of rice belonged to M/s. Krishnaveni Rice Traders, Chataparru. Hence, he requested to drop the action. The Joint Collector, being not satisfied with the explanation offered by the petitioner, by order dated 9.11.2009, ordered for confiscation of seized stock to the extent of 50%. Aggrieved by the order of the Joint Collector, the petitioner preferred an appeal before the Principal District Judge, West Godavari at Eluru and the learned Principal District Judge, through the impugned order dated 3.12.2010, while confirming the order of the Joint Collector, however, reduced the confiscation of the seized stock to the extent of 25% and directed the balance 25% to be released in favour of the petitioner. Challenging the said order, the petitioner filed the present revision. Learned counsel for the petitioner contended that the petitioner did not store the stock in any unauthorised premises and the stock which was found in shop No. 23 belonged to M/s. Krishna Veni Rice Traders, Chataparru and without taking the said fact into consideration, the order of confiscation was passed. Having heard learned counsel for the petitioner and having perused the material on record, I am of the view that confiscation of 25% of seized stock as ordered by the Principal District Judge, West Godavari is unreasonable and reduce the same to 15%. The impugned order dated 2.11.2010 of the Principal District Judge, West Godavari is accordingly modified and the confiscation is reduced to 15%. The Criminal Revision Case is dismissed with the above modification. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 14th February 2011 pnb