DIST COLLECTOR, MAHABUBNAGAR DIST Vs. VENKATESHWARA SEEDS

JUDGEMENT

(1.) The writ petition is filed challenging the order dtd. 18/5/2016 passed in Criminal Appeal No.137 of 2015 on the file of the Principal District Judge, Mahabubnagar, as being illegal, arbitrary, violative of principles of natural justice and contrary to the provisions of the Seeds Control Order, 1983 read with Seed Rules, 1968 and Seed Act, 1966 and the Essential Commodities Act, 1955.

(2.) It is stated that the Mandal Agriculture Officer, Nagarkurnool, submitted a report dtd. 11/6/2015 to the District Collector, Mahabubnagar, stating that on 9/6/2015 he along with the Vigilance and Enforcement Officials inspected the premises, M/s. Venkateshwara Seeds, Nagarkurnool, wherein the respondent is the Managing Partner and found breaches and violations of Seed Control Order, 1983 read with Seed Rules, 1968 and Seed Act, 1966 and therefore, he seized the ground stock of Maize and handed over to Sri A. Chandrasekhar, S/o. Venkataiah, Co-Owner, Vinayaka Traders, Nagarkurnool, for safe custody under proper acknowledgement. Thereafter, the District Collector issued show cause notice under Sec. 6-B of the Essential Commodities Act, 1955 to the respondent herein by framing the following charges:

(3.) It is stated that the respondent submitted explanation to the show cause notice stating that he has subsidy seed counter and farmers used to come to his shop and purchase the seeds. On 8/6/2015 and 9/6/2015 some farmers came to his shop and purchased 20 to 30 packets of seeds in 10 varieties and bills were also issued to them but they kept the packets in the shop itself due to non-availability of buses or autos for shifting the same to their villages. The Vigilance Officials and the Mandal Agriculture Officer inspected his shop on 10/6/2015 and found variation of stocks taking into account the above said packets and requested to drop the charges farmed against him and to release the seized stock. On hearing the respondent, the District Collector passed order of confiscation under Sec. 6-A of the Essential Commodities Act on 9/9/2015 in Case No.CS6/509/2015 confiscating 10% of the value of the stocks. Aggrieved by the said order, the respondent preferred Criminal Appeal No.137 of 2015, which was partly allowed on 18/5/2016 by modifying the order of confiscation of 10% of the value of the stocks to 10% of the value of variation and the respondent was directed to remit Rs.36.773, which is 10% of the value of variation of the seized stock, in the account of the District Collector.