THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
CRIMINAL REVISION CASE No.640 of 2018
ORDER:
This Criminal Revision Case, under Sections 397 and 401 of Cr.P.C., is filed by the petitioner challenging the judgment, dated 17.01.2018, passed in Criminal Appeal No.117 of 2016 by the learned Principal Sessions Judge at Nalgonda, whereby, confiscation order, dated 02.07.2016 passed in Case No.CS1/89/2016 by the Collector (CS), Nalgonda, was confirmed.
2. I have heard the submissions of Smt.T.Sunitha Kumari, learned counsel representing Sri V.H.V.R.R.Swamy, learned counsel for the petitioner, learned Assistant Public Prosecutor representing the respondent No.1/State and perused the record.
3. Learned counsel for the petitioner would submit that the issue raised in this Criminal Revision Case has been dealt with by a learned Single Judge of this Court in a batch of Writ Petition Nos.40429, 40323, 40328, 40448 and 40502 of 2017 and the learned Single Judge of this Court was pleased to allow the said Writ Petitions by common order, dated 02.12.2020 and the said common order of the learned Single Judge of this Court applies mutatis mutandis to the instant case also.
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4. On the other hand, learned Assistant Public Prosecutor would submit that the seizure of the stock in the instant case is prior to introduction of Clause 17(e) of the Telangana State Public Distribution System (Control) Order, 2016, dated 19.08.2016 and that by the date of seizure, i.e., 21.01.2016, purchase of PDS rice from the cardholders is not an offence and reported no objection to pass the orders as covered by the above judgment of the learned Single Judge of this Court.
5. Accordingly, the Criminal Revision Case is allowed. The impugned judgment, dated 17.01.2018, passed in Criminal Appeal No.117 of 2016 by the learned Principal Sessions Judge at Nalgonda, as well as the order, dated 02.07.2016 passed in Case No.CS1/89/2016 by the Collector (CS), Nalgonda, are hereby set aside. The stock seized or its value is liable to be returned to the owner. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
___________________ JUVVADI SRIDEVI, J Date: 20.03.2023 Note: Registry is directed to annex a copy of the common order, dated 02.12.2020 passed in W.P.Nos.40429, 40323, 40328, 40448 and 40502 of 2017 to this order.
(B/o) ssp