Smt.A.Padmavathi vs The Mandal Revenue Officer 2 ...
2022 Latest Caselaw 1352 AP

        HON'BLE SRI JUSTICE K.SURESH REDDY

                   CRL.R.C. No. 834 of 2008

ORDER:-

      Questioning the order of confiscation of 100% seized

stocks under Section 6-A of the Essential Commodities Act

passed by the Joint Collector, Ongole in R.C.No.CS1/6A/1/2005,

dated 13-06-2005, the petitioner herein filed Criminal Appeal

before the Sessions Court, Ongole in Crl.A.No.72 of 2005. The

appellate court by judgment, dated 29-12-2006 partly allowed

the appeal and reduced the confiscation from 100% to 50%.

Aggrieved by the same, the present Criminal Revision Case is

filed by the petitioner/fair price shop dealer.

      During the course of arguments, it is pointed out by the

learned counsel for the petitioner that questioning the order of

cancellation of licence, which was confirmed by the appellate and

revisional authorities, he filed W.P.No.5608 of 2007 before the

combined    High   Court.   By   order,   dated   12-03-2008,   the

combined High Court allowed the writ petition holding that the

charges made against the petitioner have not been proved. In

the order passed in the above writ petition, a specific finding was

given stating that there is no evidence what-so-ever to hold that

the petitioner is selling the rice and kerosene at higher rates and

that he diverted 2.30 quintals of rice to black market and it was

also held that there is no evidence that the dealer is not

distributing the essential commodities to the cardholders. As

such, cancellation of his dealership was set aside and the writ

petition was allowed. In the present confiscation proceedings
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also, the same charges were framed. In view of the orders

passed by combined High Court in the above writ petition, the

present Criminal Revision Case is also deserves to be allowed

and the 100% confiscation passed by the Joint Collector, which

was reduced to 50% by the appellate court is liable to be set

aside.

         Accordingly, the Criminal Revision Case is allowed and the

100% confiscation ordered by the Joint Collector, Ongole in

R.C.No.CS1/6A/1/2005, dated 13-06-2005, which was reduced

to 50% by the learned Sessions Judge, Prakasam Division,

Ongole in Crl.A.No.72 of 2006 by way of Judgment, dated

29-12-2006

, is hereby set aside.

Miscellaneous Petitions pending, if any, shall stand closed

in consequence.

__________________ K.SURESH REDDY,J 16-03-2022.

TSNR