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2026 DAILYLAW 7873 (AP)

B.MURALI KRISHNA GOUD v. STATE OF AP

CRLRC/686/2019 · 2026-08-13

Y Lakshmana Rao

body2026

Judgment text

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APHC010184402019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE 14th DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 686/2019 Between: 1. B.MURALI KRISHNA GOUD, S/O SRINIVASULU HINDU, AGED ABOUT 49 YEARS, R/O D.NO. 8-140-22 SREENIVASA NAGAR, DHONE, KURNOOL DISTRICT. 2. P.AII, S/O MELAKANNA AGED ABOUT 44 YEARS, OWNER OF VEHICLE BEARING NO. AP 02TC-4191 RIO DHONE, KURNOOL DISTRICT ...PETITIONER(S) AND 1. STATE OF AP, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. THE COLLECTOR CS KURNOOL, KURNOOL DISTRICT 3. THE TAHSILDAR, DHONE, KURNOOL DISTRICT.' ...RESPONDENT(S): Counsel for the Petitioner(S): 1. N RANGA REDDY Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) 2 Dr.YLR, J Crl.R.C.No.686 of 2019 Dated 14.08.2026 The Court made the following: 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 03.05.2019 in Crl.A.No.37 of 2019 on the file of the Court of the learned Principal Sessions Judge, Kurnool, whereby the order dated 30.03.2019 passed in Case No.CSI/95/2018 by the Court of the Collector (CS), Kurnool, ordering confiscation of 100% of the value of the seized stock, i.e., 280 quintals of rice, in favour of the Government, apart from imposing a penalty of Rs.25,000/- with a censure, was confirmed. 2. Heard the learned Counsel for the Petitioners and the learned Assistant Public Prosecutor. 3. For the charge that the Petitioner had illegally stored 560 bags of PDS rice, equivalent to 280 quintals, without valid records or documents, the stock was seized and confiscated to the Government. The vehicle owner, i.e., Petitioner No.2, was directed to pay a penalty of Rs.25,000/- with a censure. Once a censure was imposed, there was no necessity to additionally impose a penalty. Further, there are no allegations that Petitioner No.1 had, on any earlier occasion, indulged in a similar violation. 4. The order passed by the Joint Collector, Civil Supplies, Kurnool, was challenged before the learned Principal Sessions Judge, Kurnool, but the same was dismissed by judgment dated 03.05.2019 in Crl.A.No.37 of 2019. 3 Dr.YLR, J Crl.R.C.No.686 of 2019 Dated 14.08.2026 5. 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 30% 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 30%. Accordingly, the Criminal Revision Case is disposed of by confirming the order of confiscation to the extent of 30% of the value of the seized stock. The penalty of Rs.25,000/- imposed on Petitioner No.2 is also reduced to Rs.10,000/-. Consequently, the balance amount of Rs.15,000/- shall be refunded to Petitioner No.2, if the said amount of Rs.25,000/- has already been paid. 6. In the result, 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:14.08.2026 KMS 4 Dr.YLR, J Crl.R.C.No.686 of 2019 Dated 14.08.2026 95 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 686/2019 Date: 14.08.2026 KMS