CHINTALA VENKATA RAO Vs. TAHSILDAR KRISHNA DT

JUDGEMENT

(1.) Assailing the order dtd. 24/10/2014 in E.C.Appeal No.24 of 2012 passed by the learned Metropolitan Session Judge, Vijayawada confirming the seizure and confiscation of 132 bags consisting of 98.80 quintals of rice by the District Collector, Krishna, the revision petitioners filed this revision case.

(2.) The parties are being referred to as complainant and respondents as arrayed in the order of Collector, Civil Supplies, for the sake of convenience and clarity.

(3.) Case of the complainant is, the respondents were indulged in clandestine business of purchasing PDS rice which is meant for public distribution and selling the same at higher rates, in black market. On 6/11/2010, while the respondents were transporting 98.80 quintals of PDS rice in 132 bags in lorry bearing number AP16U 7648, the inspection team seized the said stock and the Tahsildar, Ibrahimpatnam has issued show cause notice under Sec. 6B of the Essential Commodities Act (hereinafter referred to as 'the Act '). During the course of inspection, respondent No.1 confessed that he has been collecting PDS rice from various fair shop dealers in and around Mailavaram and Ibrahimpatnam Mandals at Rs.9.00 per kg and selling the same to fish tank owners at Kaikaluru at Rs.10.00 for his pecuniary gains and as such, respondents have contravened Clauses 17(a) and 17(b) of A.P. State PDS Control Order, 2008 (hereinafter referred to as 'Control Order '). Finally, the Tahsildar, Ibrahimpatnam filed 6A case before the Joint Collector, Krishna District, Machilipatnam. During enquiry, Joint Collector, Krishna District had called for explanation of the respondents and having received explanation and having conducted enquiry, the Joint Collector, Krishna has come to conclusion that the respondents violated the provisions of the Control Order, 2008 with an intention to divert the essential commodities to black market for his pecuniary gains and ordered to confiscate entire seized stock to the government. Further, Joint Collector also imposed penalty of Rs.10,000.00 on the owner of lorry bearing number AP16U7648 under the provisions of the Act for illegal transportation of rice in his vehicle.