KYASA NARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner attacks the judgment in Criminal Appeal No.152 of 2012 on the file of the Principal Sessions Judge, Karimnagar. The District Collector, Karimnagar, ordered confiscation of 30% of the stock worth L 7,32,646/-, whereas the appellate court reduced the quantum of confiscation to 10%.

(2.) Smt. V.Jayasree, learned counsel for the petitioner, contended that there was no contravention of the provisions of the Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008 (the Control Order, 2008, for short) and that the order of confiscation at 30% or at 10% is incorrect.

(3.) The facts, which by and large are admitted, may now be narrated: The petitioner is the owner of M/s. Kyasa Narayana Rice and Oil Mill, Huzurabad. The Assistant Supply Officer, Manthani, conducted a raid on the Rice Mill of the petitioner on 01-8-2012 and verified the stock and the registers. It was found that 'B' Register shows that 1890 quintals of raw rice was delivered to the Food Corporation of India towards Mill levy. However, the representative of the petitioner could produce the acknowledgements for 1620 quintals of raw rice only. Acknowledgement could not be produced for the balance of 270 quintals. The representative of the petitioner contended before the Inspecting Authority that 270 quintals of raw rice was rejected by the Food Corporation of India, so much so, acknowledgement were not available for the same.