APHC010169272019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] SATURDAY, THE 19th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 616/2019 Between: 1. B VARALAKSHMI, F.P.SHOP DEALER OF SHOP NO 0324012, DUVVUPALEM VILLAGE, PENDURTHI MANDAL, VISAKHAPATNAM ...PETITIONER AND 1. STATE OF AP, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI 2. STATE OF ANDHRA PRADESH, REP. BY DEPUTY TAHSILDAR (CS) SUBBAVARAM MANDAL, VISAKHAPATNAM DIST. ...RESPONDENT(S): Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: 2 Dr.YLR, J Crl.R.C.No.616 of 2019 Dated 19.09.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 616/2019 ORDER: The Criminal Revision Case is filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for brevity, “the Cr.P.C.”), by the Petitioners/Accused seeking to set aside the judgment dated 26.03.2019 passed in Crl.A.No.71 of 2018 on the file of the Court of the learned Principal Sessions Judge, Kurnool, whereby the order dated 28.04.2018 passed by the Joint Collector, Visakhapatnam, in C.C.No.11/2018-CSR5, ordering confiscation of 100% of the value of the seized stock, was confirmed. 2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 3. The Deputy Tahsildar (CS), Sabbavaram Mandal, inspected the fair price shop of the Petitioner and noticed certain irregularities: Sl. No. Commodity Quantity of Stock Value of Stock Estimated 1. PDS Rice 4200 kgs Rs.4,200-00 2. Sugar 130 kgs Rs.2,600-00 3. ICDS Salt 2 packets Free of cost Total Estimated Cost Rs.6,800-00 4 Thereafter, he submitted a report under Section 6-A(1) of the Essential Commodities Act, 1955. The Joint Collector, after conducting an inquiry, ordered confiscation of 100% of the value of the seized stock to the Government. Aggrieved thereby, the Petitioner preferred an appeal before the 3 Dr.YLR, J Crl.R.C.No.616 of 2019 Dated 19.09.2026 learned Principal District and Sessions Judge, Visakhapatnam, but the same was also dismissed. 5. Indeed, on perusal of the impugned judgment and the order passed by the original authority, there is no reference to any similar previous antecedents of the Petitioner. In the absence of any such antecedents, confiscation of 100% of the value of the seized stock to the Government appears to be excessive. 6. Having regard to the facts and circumstances of the case, ordering confiscation of 100% of the value of the seized stock in favour of the Government is disproportionate to the gravity of the charge. Confiscation of 50% of the value of the seized stock would have met the ends of justice. However, considering the overall circumstances, the percentage of confiscation is reduced from 100% to 50%. Accordingly, the Criminal Revision Case is disposed of by confirming the order of confiscation to the extent of 50% of the value of the seized stock. The learned Joint Collector, Visakhapatnam is directed to do needful immediately. 7. In view of the above, the Criminal Revision Case is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO, J Date:19.09.2026 KMS 4 Dr.YLR, J Crl.R.C.No.616 of 2019 Dated 19.09.2026 127 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 616/2019 Date: 19.09.2026 KMS