Palwai Karunakar, vs The State Of Telangana,
2023 Latest Caselaw 1330 Tel

     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.

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