THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.993 of 2004 ORDER: 1 This revision is directed against the judgment dated 05.01.2004 passed in Criminal Appeal No.172 of 1999 on the file of the learned Principal Sessions Judge, Ongole whereby the appeal preferred against the orders of the Joint Collector, Ongole in RC.CS 1/6A/16/99 dated 16.09.1999 was dismissed. 2 Facts in brief are that on credible information that the petitioners respondent doing business in pulses by keeping their stocks in a rented godown, the Inspector of Police, Vigilance Cell, CSD, Ongole visited the premises of the first petitioner an found huge stocks of groundnut pot in bags, black gram and Bengal gram available in the house. When asked about the details of the accounts, the petitioners failed to produce accounts. In those circumstances, the stocks were seized and the matter was reported to the Joint Collector for initiation of proceedings under section 6A of the Essentially Commodities Act. After issuance of notice and receipt of explanation from the petitioner, the Joint Collector conducted a detailed enquiry and ultimately though came to the conclusion that the petitioners are carrying on clandestine business, ordered confiscation of only 25% of the seized stock by his order dated 16.09.1999. The same was questioned by filing Criminal Appeal No.172 of 1999 under section 6 – C of the Essentially Commodities Act and the learned Sessions Judge at Ongole dismissed the said appeal. 3 Having considered the submissions made by the learned counsel for the petitioner this court is of the firm view that basing on the material available on record, both the authorities have rightly held that the petitioners are carrying on clandestine business. In fact, the primary authority i.e. the Joint Collector himself has taken a lenient view and ordered confiscation of 25% of the stock. In those circumstances, this court is of the view that it is not a fit case for interference. 4 Accordingly, this revision is dismissed as devoid of any merit. -------------- 03.02.2011 Kvsn