KONIGOLLA SRINIVASA RAO Vs. STATE OF A P

JUDGEMENT

(1.) This revision case is filed by the respondent in Roc.No.CS.1/53/ECA/1999 dated 10-7-1999 on the file of the learned Joint Collector, West Godavari at Eluru, who was tried for contravention of Clauses 8, 9, 11 of the A.P.S.C.D (L&D) Order, 1982; Clause III of the A.P. Prevention of Hoarding of Food Grains Order, 1973; Clause III of the A.P. Exhibition of Prices Lists of Goods Order, 1966 and Clauses 4 and 5 of the Pulses, Edible Oils and Oil Seeds (Storage Control) Order, 1977. The learned Joint Collector held the charges against the respondent being proved and confiscated 20% of the value of the stock seized, the total of which was Rs.4,28,513-00 as per the following details. <FRM>JUDGEMENT_257_ALD(CRI)1_2006Html1.htm</FRM> Aggrieved by the same the respondent filed C.M.A.No.44 of 1999 on the file of the learned Principal District Judge, West Godavari at Eluru. The learned District Judge allowed the appeal to the extent of edible oil, in view of the Ruling reported in Commissioner of Civil Supplies v. Govt. of India, 2000 (2) AID 578 = 2000 (1) ALT 14 (DB), and dismissed the remaining part of the appeal. Aggrieved by the above order, the present revision is filed.

(2.) The case against the present petitioner is that the petitioner is conducting food grains business under the name and style of Kanigolla Lakshmana Rao and Company, General Merchants and Commission Agents, Eluru. On 27-4-1999 the Inspector of Police, Vigilance Cell (Civil Supplies Department), West Godavari along with his staff surprised the shop-cum-godown of the petitioner and found the following irregularities;

(3.) The contention of the learned Counsel for the petitioner is that as far as edible oils are concerned, the learned District Judge has already allowed the case of the petitioner; now the case remains only with regard to the pulses etc., that there was no contravention as the petitioner used to finalize the accounts and make the entries in the registers at the end of the day and that there was permanent arrangement in respect of exhibition of price list.