JUDGMENT :

(Prayer: This Criminal Revision Case has been filed under Section 397 & 401 Cr.P.C., to call for the records on the file of the first respondent in this proceedings Na.Ka.N3/4220/2000 dated 02.11.2002 pursuant to the Appeal No.144/2003 on the file of the learned Principal Judge, City Civil Court, Chennai Dated 20.03.2015 and to set aside the same.)

(The case has been heard through Video Conference)

1. The appellant before the authority is the revision petitioner herein.

2. The brief facts leading to the file of this Criminal Revision Case are as follows:

(a). The revision petitioner is a wholesale dealer possessing licence bearing No.493/84-85 issued under the TNEA (RT) Order 1984 and carrying on business as per the conditions of the licence without any adverse remarks.

(b). The revision petitioner on 19.07.2001 had purchased 14 bags of rice each 75 kgs, from one wholesale dealer, M/s.M.G.P Rice Traders No.2, G.N.T., Road, Red Hills, Chennai-52 and transported the said rice bags from Red Hills to his business premises in a Mini Lorry bearing registration No. TN01M 6920 owned by him and the Mini lorry arrived to his business place and the driver stopped the lorry near to the shop of the revision petitioner herein at Wall Tax Road and went for lunch. In the absence of the driver, the second respondent herein seized the lorry and registered a case for the contravention under Clause 6(1) and 6(4) of the Tamil Nadu Schedule Commodities (RDCS) Order 1982 read with 7(1) (a)(ii) of the Essential commodities Act, 1955, alleging that the rice found in the lorry belonged to P.D.S rice and arrested the driver and subsequently the revision petitioner was arrested by the second respondent and remanded to Judicial custody on 20.07.2000. While, the revision petitioner was in judicial custody, he was detained under the Prevention of the Black Marketing Act by the Commissioner of Police, Greater Chennai. Later, this Court has quashed the detention order and released the revision petitioner from the Judicial custody. The revision petitioner’s mini lorry was released on furnishing cash security for a sum of Rs.15,000/- to the first respondent and no order was passed for release of the rice bags.

(c). The first respondent had initiated proceedings under the Essential Commodities Act and issued show cause notice to the revision petitioner herein for the contraventions under Clause 6(1) and 6(4) of the Tamil Nadu Schedule Commodities (RDCS) Order 1982. Thereafter, the revision petitioner has denied those contraventions by filing a detail explanation and also contended that no samples were drawn and the sample packet was not served even though the revision petitioner’s signature was obtained by the Inspector of Police, Civil Supplies CID and the analyst copy was not served as per the mandatory instructions of the commissioner of Civil Supplies, dated 21.01.1988. Further, the first respondent has failed to consider the above aspect and ordered confiscation of 14 bags of rice and imposed a sum of Rs.15,000/- as fine in lieu of the confiscation of the Mini Lorry.

(d) Aggrieved by the order of the first respondent herein, the revision petitioner herein has filed an appeal under Section 6-C of the Essential Commodities Act before the Principal Sessions Judge, City Civil Court, Chennai, in Criminal Appeal No.144 of 2003, praying to set aside the order of the first respondent in proceedings Na.Ka.N3/4228/2000, dated 02.11.2002. The learned Judge by an order dated 20.03.2015 has confirmed the order of confiscation of 14 bags of rice and reduced the fine amount from Rs.15,000/- to Rs.10,000/-. As against same order of the learned Principal Sessions Judge, the revision petitioner herein has preferred this Criminal Revision Case before this Court.

3. Heard both the learned counsels and perused the materials placed on record.

4. The learned counsel for the revision petitioner would contend that the penalty imposed on the revision petitioner is excessive, exorb