Telangana High Court
Chichhadi Satyanarayana, Khm Dist. vs Tahsildar, Chinthuru on 19 June, 2024
1
THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL
CRIMINAL REVISION CASE No.2643 OF 2014
O R D E R:
The present Criminal Revision Case is filed against the
judgment dated 29.09.2014 in Criminal Appeal No.48 of 2012 on
the file of the learned Principal Sessions Judge, at Khammam (for
short, "the appellate Court") in modifying the judgment dated
21.03.2012 in M.C.No.191 of 2011 on the file of the learned
District Collector, Khammam (for short, "the trial Court").
2. Heard Mr.Ganesh, learned counsel representing
Mr.H.V.R.R.Swamy, learned counsel for the petitioner and
Mr.K.Rama Kotaiah, learned Assistant Public Prosecutor
appearing for respondent-State.
3. The brief facts of the case are that on 25.11.2011, upon
receipt of credible information that certain irregularities are being
done by the management of M/s. Raja Fuel Station, Chatti
Village of Chinthuru Mandal in sale of M.S. & HSD to the
consumers, the Tahsildar, Chinthuru, along with the Deputy
Tahsildar (CS), Bhadrachalam, M.R.I. and V.R.O. concerned,
proceeded to the Fuel station, procured the mediators and
conducted inspection of M/s. Raja Fuel Station, Chatti Village. It
is stated that, at the time of inspection, one person is attending
the business transactions and on questioning him, he introduced
himself as Chicchadi Satyanarayanamurthy/petitioner, who is
the dealer of IOCL and owner of M/s.Raja Fuel Station and on
demand, he produced the record.
4. The inspecting authorities verified the record as well as the
densities recorded thereon. The authorities observed that firstly;
there is no delivery of diesel from one running nozzle, secondly;
the quantity of diesel is less than 10 ml against 5 litres
Calibration jar, thirdly; air was coming from the tube of running
nozzle and there is adulteration. On noticing the contraventions
of High Speed Diesel and Motor spirit, the authorities, seized
13,576 litres of High Speed Diesel as well as 3,251 litres of Motor
spirit, which are available in the underground tanks of M/s. Raja
Filling Station, with other record under cover of panchanama.
5. The learned Tahsildar, Chinthuru submitted a report to the
District Collector, with a request to pass interim orders for
disposal of the said 13,576 litres of High Speed Diesel and 3,251
litres of Motor spirit, pending finalization of Section 6(A)
proceedings under the Essential Commodities Act, 1955 (for
short, "the EC Act").
6. It is submitted that the learned District Collector and
District Magistrate issued show cause notice to the petitioner, as
contemplated under Section 6-B of the EC Act and the petitioner
filed his counter. However, on considering the submissions made
by the parties, the trial Court vide judgment dated 21.03.2012 in
M.C.No.191 of 2011 ordered for 100% confiscation of the seized
stock to the Government. Aggrieved by the same, the petitioner
preferred an Appeal.
7. The appellate Court vide impugned judgment, directed the
learned District Collector and District Magistrate to return 50% of
the seized stock or its value to the petitioner within 30 days from
that day, while confirming the confiscation of the remaining 50%
of the seized stock. Assailing the same, the petitioner preferred
the present Revision.
8. Learned counsel for the petitioner contended that the
appellate Court failed to appreciate the evidence available on
record in proper perspective and passed the impugned judgment.
Therefore, he seeks to set aside the impugned judgment.
9. Learned Assistant Public Prosecutor submitted that the
appellate Court, upon careful scrutiny of the material available
on record passed the impugned judgment and the interference of
this Court is unwarranted. Therefore, he seeks to dismiss the
Revision.
10. The trial Court, upon careful scrutiny of the evidence
available on record observed that the dealer has failed to
maintain the stipulated quantity of stock and that due to
improper maintenance of nozzle, adulteration was caused, which
clearly shows that the clandestine business was done by the
dealer of Petroleum products. Thus, the trial Court found that
petitioner had violated the provisions of Clause 3(6) of the Motor
Spirit and High Speed Diesel (Regulation of supply, distribution
and prevention of malpractices) Order, 2005 read with Section 3
of the EC Act and rendered its judgment.
11. The appellate Court, upon re-appreciating the evidence
available on record found that there will be shortage of delivery of
10 ml of diesel for every 5 litres, which indicates that the
petitioner high handedly carried the sale of High Speed Diesel
and thereby cheated the customers. The appellate Court further
observed that the question of mixing of water with High Speed
Diesel does not amount to 'adulteration' as stated by the trial
Court. Hence, the appellate Court modified the judgment passed
by the trial Court and rendered the impugned judgment.
12. Having regard to the submissions made by both the learned
counsel, keeping in view the mental agony and sufferance
undergone by the petitioner right from the inspection of the
petitioner's fuel station and initiation of proceedings before the
trial Court, thereafter, on preferring the Criminal Appeal, before
the first appellate Court and this being the petitioner's first
violation of the provisions of Clause 3(6) of the Motor Spirit and
High Speed Diesel (Regulation of supply, distribution and
prevention of malpractices) Order, 2005 read with Section 3 of
the EC Act, this Court is of the opinion that a lenient view may be
taken insofar as the confiscation order is concerned.
13. Accordingly, this Criminal Revision Case is partly allowed
by modifying the judgment dated 29.09.2014 in Criminal Appeal
No.48 of 2012 and the learned District Collector and District
Magistrate is directed to return 60% of the seized stock or its
value to the petitioner herein forthwith and the extent of
confiscation of 50% of the seized stock is hereby reduced to 40%.
Miscellaneous Petitions, pending if any, shall stand closed.
_____________________
E.V. VENUGOPAL, J
Date: 19.06.2024
ESP
