APHC010695942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1472/2025 Between: 1. MOLLA JAKIR HUSSAIN, S/O. MOLLA SATTAR MIAH, MUSLIM, AGED 40 YEARS, OWNEROF THE LORRY BEARING ITS REGD. NO. AP 21 TY 8967, R/O. D. NO. 77/1369-B-1-A,FAROOK NAGAR, KALLUR, KURNOOL, ANDHRA PRADESH. 2. KANDULA BAPUJI, S/O, LATE UMA MAHESWARA RAO,AGED ABOUT 60 YEARS, D. NO. 5/213-1, JAVVARUPET,MACHILIPATNAM, KRISHNA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF AP., AMARAVATHI, GUNTUR 2. THE COLLECTOR CIVIL SUPPLIES, MACHIPATNAM, KRISHNA DISTRICT ...RESPONDENT(S): Counsel for the Petitioner(S): 1. K SRINIVAS Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 JUDGMENT: The Criminal Revision Case has been filed challenging the order passed by the learned Principal District and Sessions Judge, Krishna at Machilipatnam. 2. It is the contention of the petitioners that, by an order of confiscation dated 21.08.2025 in E.C.P.No.03 of 2025, the District Collector passed an Order confiscating the vehicle and specifically imposed a penalty of Rs.2,50,000/- on the owner of the vehicle, though the owner was not a party before the learned Collector. However, an appeal was preferred by the respondents along with the owner before the learned Court designated under the Essential Commodities Act. Certain objections were raised by the office on the ground that the 4th appellant was not a party before the Collector and, therefore, the appeal filed by the 4th appellant along with the other appellants was not entertainable. 3. It is an admitted fact that the Order of the Collector has imposed a penalty on the owner of the vehicle, who is the 4th appellant before the designated Court. It is also a fact that, although the owner was not a party before the Collector, an order was nevertheless passed against him. Accordingly, the 4th appellant is entitled to file an appeal, subject to filing an application for leave to appeal before the concerned Sessions Judge. 3 4. Accordingly, the instant Criminal Revision Case is disposed of by directing the learned Court designated under the Essential Commodities Act to accept the appeal and dispose of the same in accordance with law, subject to the condition that the 4th appellant shall file an application for leave to appeal. The learned Court below shall first dispose of the leave application and thereafter entertain the appeal in accordance with law, limitation if any, shall be condoned on proper application. 5. In the result, the Criminal Revision Case is disposed of. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________ SUBHENDU SAMANTA, J Date: 23.12.2025 S D P 4 49 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1472/2025 Date:23.12.2025 W S D P