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2004 Supreme(AP) 482

S.R.K.PRASAD
SHANKAR LALMANIYAR – Appellant
Versus
STATE OF A. P. – Respondent


JUDGEMENT

This Criminal Revision Petition is directed against the judgment rendered by the Sessions Judge, Khammam, in Crl. A. No. 164 of 1998, dated 14-9-2000, confirming the order passed by the Joint Collector in M.C. No. 55 of 1996, dated 13-12-1996, ordering confiscation of the stock of 10 M.Ts. of coal along with the vehicle seized at Julurpad to the Government and in lieu of the vehicle, ordering forfeiture of security deposit of Rs. 8,000/- to the Government and also ordering confiscation of 30 M.Ts. of coal seized at Palwancha from the first petitioner herein to the Government.

2. The factual matrix that is required for consideration is briefly stated as follows :-

On 4-8-1996, the Vigilance Department of Singareni Collieries Company Limited, Kothagudem caught hold of one coal lorry bearing No. AP-9-T-2385 and handed over the case to the Vigilance Cell, (CS) Department, for investigation on the ground that the subsidised SCC coal was being mis-utilised and diverted by certain Coal Brokers instead of selling to the actual parties which amounted to violation of the provisions of Clauses 12-B, 12-E, and 12-C of Colliery Control Order, 1945 (hereinafter referred to as 'the Control


























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