UTUKURI GURAVAMMA Vs. STATE OF AP

JUDGEMENT

(1.) This revision has been filed challenging the order dated 31.03.2010 passed by the learned Sessions Judge, Krishna Division, Machilipatnam in E.C.Appeal No.50 of 2010, whereby and whereunder the appellate authority dismissed the appeal confirming the order dated 27.11.2009 passed by the Joint Collector, Krishna District at Machilipatnam in E.C.P.No.142 of 2009.

(2.) Heard.

(3.) The facts, in brief, are as follows: On credible information that BPT/preferred varieties of paddy had been stored in huge quantities unauthorizedly in State Warehousing Corporation, Jaggaiahpet, by the traders on benami names and that such illegal storage has resulted in abnormal increase in the prices of rice of BPT/preferred varieties and thereby, public in general were not in a position to purchase the rice, the Assistant Grain Purchasing Officer, Vijayawada, accompanied by the Regional Vigilance and Enforcement Officials and Civil Supplies Officials constituting a team, surprised the State Warehousing Corporation, Jaggaiahpet, at about 11.30 AM on 03.06.2009. As far as the petitioner/appellant is concerned, she had stored 56 quintals of paddy of BPT variety vide deposit No.11812. The respondent filed a complaint under Section 6-A of the Essential Commodities Act, 1955 (for short the Act) and the seized quantity was handed over to the In-charge Manager, State Warehousing Corporation, Jaggaiahpet, for safe custody under proper acknowledgment. A show cause notice dated 20.07.2009 was issued under Section 6-B of the Act framing two charges. The Joint Collector, Krishna Division, Machilipatnam, having considered the facts and circumstances of the case, ordered confiscation of 50% of the seized paddy in favour of the Government. Aggrieved by the same, the petitioner preferred an appeal before the District and Sessions Court, Krishna Division, Machilipatnam, who in turn dismissed the same by the impugned order.