Telangana High Court
Bejugam Bhadraiah, Husnabad Vm, ... vs The State Of A.P., Rep. By P.P., ... on 15 July, 2022
Bench: Juvvadi Sridevi
THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
CRIMINAL REVISION CASE No.416 of 2010
ORDER:
The present Criminal Revision Case is filed under Sections
397 and 401 of the Code of Criminal Procedure (Cr.P.C.),
against the judgment dated 14.12.2009 passed in Criminal
Appeal No.105 of 2009, by the learned Sessions Judge,
Karimnagar, confirming the order dated 22.08.2009 passed in
File No.G3/906/2009, by the Joint Collector, Karimnagar, but
directed to release 19.50 quintals of rice, 2.50 quintals of Red
gram, 1.25 quintals of green gram, 1.00 quintal of Horse gram,
1.30 quintals of Pease and 2.00 quintals of sugar to the
petitioner, however, directed to confiscate 50% of the seized
stock of 1660 liters of edible oil to the State.
2. The facts of the case are as under:
The petitioner is running Kirana shop in the name and
style of Devi Kirana Shop in house bearing D.No.11-30 located
Husnabad village. On receipt of credible information that he is
indulging clandestine business, the Civil Supply Officials made
surprise visit of his shop on 06.06.2009 and seized 19.50
quintals of rice, 2.50 quintals of Red gram, 1.25 quintals of
green gram, 1.00 quintal of Horse gram, 1.30 quintals of Pease
and 2.00 quintals of sugar and 1660 liters of edible oil, in all
worth Rs.1,69,455/- as he is not having licence under A.P.S.C.D
A.P.S.C.D. Licensing (Storage and Regulation) Order 2008 and
the said stock is seized in the presence of mediators under a
cover of panchanama and booked a case under Section 6-A of
Essential Commodities Act, 1955. After the seizure, the Joint
Collector ordered for confiscation of 50% of the seized stock to
the Government.
Aggrieved by the seizure and the sale, the appellant
herein filed W.P.No.12323 of 2009 and obtained direction
directing the Joint Collector to dispose of the application filed by
the petitioner before proceeding with the sale of seized stock.
Accordingly the Joint Collector, after submission of the
explanation by the appellant passed the impugned order, dated
22.08.2009 confiscating 50% seized stock in favour of the
Government.
The learned Sessions Judge, by judgment, dated
14.12.2009, directed to release 19.50 quintals of rice, 2.50
quintals of Red gram, 1.25 quintals of green gram, 1.00 quintal
of Horse gram, 1.30 quintals of Pease and 2.00 quintals of
sugar to the petitioner, however, directed to confiscate 50% of
the seized stock of 1660 liters of edible oil to the State.
Aggrieved by the same, the present revision is preferred by the
petitioner.
3. Heard the learned counsel for the petitioner Sri
A.Prabhakar Rao and learned Assistant Public Prosecutor
representing for the respondent-state and perused the material
available on record.
4. Learned counsel for the petitioner submits that the
quantum of confiscation ordered by the Collector, and reduced
by the lower appellate Court, may further be reduced to 10%.
5. Learned Public Prosecutor appearing for the State,
however, does not dispute reduction in percentage of seized
stock.
6. On a perusal of the material available on record, it is
obvious that the petitioner has not obtained license for selling
the edible oil, which is incorporated in the list of Essential
Commodities Act. On appreciation of facts and circumstances of
the case, the appellate Court having observed that the
confiscation of the edible oil ordered by the Joint Collector is
excessive and disproportionate to the violation alleged, modified
the order of the Joint Collector by reducing the confiscation of
edible oil from 100% to 50%. This Court finds no illegality or
irregularity in the judgment passed by the lower appellate
Court. But however, to meet the ends of justice and in the
circumstances of the case, this Court is inclined to reduce the
said confiscation of edible oil from 50% to 10%.
7. With the above modification, the Criminal Revision Case is
disposed of.
8. Consequently, miscellaneous applications pending, if any,
shall stand closed.
_________________
JUVVADI SRIDEVI, J
Date: 15.07.2022
Kvsn
