STATE Vs. K P KANDASAMY

JUDGEMENT

(1.) THIS revision petition by the State is directed against an order of the Sessions Court modifying the order of confiscation passed by the Deputy Commissioner of Civil Supplies, Madras.

(2.) THE respondent was found in possession of 14 bags of Toor Dhall, 38 bags of Black Gram, 4 bags of Green Gram without any licence as prescribed in Cl.3 of the Tamil Nadu Pulses (R.O.T.) Order, 1978, hereinafter referred to as the order. For that reason the entire stock was seized, and since the commodities were perishable they were disposed of in public auction for a sum of Rs.20,700. THEreafter proceedings were started by the Deputy Commissioner (Civil Supplies), Madras, under the provisions of the Essential Commodities Act for the purpose of confiscation of the commodities seized.

(3.) AGAINST the order appeal was preferred before the Sessions Court. From the reading of the judgment of the appellate Court, it appears that the only point which was pressed before the appellate Court was that the confiscation of the entire quantity was too harsh a punishment and accordingly the appellate Court set aside that order of confiscation and imposed instead a fine of Rs.100. It is against that order of the appellate Court that the present revision petition is filed.