P ANJANEYULU Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioners/respondents 1 and 2 challenging the judgment dated 31.12.2007, passed by the learned Sessions Judge, Anantapur, in Criminal Appeal No.71 of 2003, whereunder and whereby the order, dated 16.06.2003, passed by the Collector and District Magistrate, Anantapur in Rc.No.K3/3058 - A/95, to confiscate 100% value of the seized stock to the Government account, is modified and reduced to 75% and the remaining 25% of the seized stock or its value shall be returned to the first petitioner/first respondent.

(2.) THE revision petitioners herein are the respondents 1 and 2 and the respondent herein is the complainant before the Collector, Anantapur vide Case No.K3/3058 -A/95, dated 16.06.2003. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed before the Collector.

(3.) THE case of the prosecution in brief is that on receipt of credible information that some of the unlicensed traders are transporting groundnut seed from Anantapur District of Andhra Pradesh to other States of Karnataka and Maharashtra, the Inspector of Police, VCCSD, Anantapur along with Deputy Superintendent of Police and staff kept a watch on 09.04.1995 at Anatapur Uravakonda road and at about 7.30 p.m. they found a loaded lorry covered with tarpaulin coming from Anantapur side and proceeding towards Uravakonda. Then, they stopped the lorry bearing No.AAD 6875 and on verification it was found that the lorry contained groundnut seed bags. On enquiry, the respondent No.4 - lorry driver by name Kolimi Shoukath Ali informed that the lorry contained 126 bags of groundnut seed and they were transporting the same to Kurkhumb of Poona District of Maharashtra State. As the transportation was illegal, they seized the above lorry along with groundnut seed under the cover of panchanama. As a follow up action, they surprised Manjunatha General Traders, Nallacheruvu and as the respondents 1 and 2 were doing business in groundnut pod and groundnut seeds without obtaining valid licence in the name of Manjunatha General Traders (Decorticator) in Door No.7/119 of Nallacheruvu by not maintaining stock and other registers after 24.03.1995 and kept huge variations in the stocks, they seized the available ground balance of stocks i.e. 84720 Kgs. of groundnut pod worth Rs.9,74,280/ -, 13600 Kgs. of groundnut seed worth Rs.2,38,000/ - and 1150 Kgs. of sunflower seed worth Rs.12,650/ - under the cover of panchanama and reported to initiate action against the respondents 1 to 5 under Section 6 -A of the Essential Commodities Act, 1955 (for short 'the Act').