M GANADEVA NAIDU Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner - accused was prosecuted before the Chittoor Joint Collector, Chittoor, in proceedings No.S3/6A/152/PLC/98 by the Inspector of Police, Vigilance Civil Supplies Department, Thirupati alleging contravention of the Clause 3 of the A.P. Scheduled Commodities Dealers (Licencing and Distribution) Order, 1982 (for short "the Distribution Order") and Clause 7 of Fertilizers (Control) Order 1985 (for short "the Control Order"); that after hearing both sides, as original authority under Essential Commodities Act, 1955 (for short "the EC Act"), the Joint Collector of Chittoor found that the petitioner had stored huge quantities of fertilizers and food grains i.e. Bhavani rice, Boiled rice and paddy in contravention of the aforesaid statutory provisions of the Distribution Order and the Control Order, and, as such, ordered for confiscation of the entire seized stock to the State under Section 16 (A)(1)(a) of the EC Act.

(2.) The facts of the case, in brief, are that the Inspector of Police, Vigilance Civil Supplies, Thirupati, on credible information that the petitioner was indulging in clandestine business and was selling fertilizers and food grains without maintaining the records for personal gain, after obtaining permission from the Court of the local Magistrate, he along with his staff and mediators, visited the shop of the petitioner on 21-08-1998 situated at Mangalmapeta village and found the petitioner present in the shop and on enquiry, petitioner disclosed his name and other particulars and stated that he purchased the commodities and fertilizers at Chittoor and selling the same on retail basis, but he failed to produce licence and records for the same and on verification the following stocks were found in the go-down of the petitioner:

(3.) The Joint Collector issued show cause notice to the petitioner with the following charges: